Rent and Eviction -- Relationship of landlord and tenant - Proof - Basic fact, as to since when tenancy started, conspicuously missing in the plaint - It creates serious doubt about the existence tenancy...........
Rent and Eviction -- Relationship of landlord and tenant - Proof - Admission in Ex.1 and Ex.2 - Cannot be accepted as conclusive proof of tenancy, more so, when these have been obtained in a deceitful manner...........
Civil Procedure Code, 1908, Section 65 -- Auction sale - Mortgage property - Loan of Rs.15,000/- taken from bank - Non payment of loan amount - Auction - Bank itself purchased the property - Sale certificate issued in favour of bank - Later on bank sold the property for Rs.10 lakhs - Respondents claiming excess of sale amount in respect of suit property along with rent..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Landlord occasionally helping his son in son`s business - Cannot be a ground to deny him independence of carrying on his own professional work...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction order - Bonafide requirement - Landlord filed his own Income Tax Returns and filed returns of his various clients prepared by him and he has also placed on record proceedings before Department of Trade and Taxes and an assessment of Income Tax Department to show that he continues to be a practicing advocate - These..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Merely because availability of accommodation was not mentioned has no meaning...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Landlord is the best judge of his requirement and it is not open to tenant to dictate terms to landlord for his requirement either for his residential or commercial purpose...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Rent and Eviction - Material alterations - Tenant has categorically admitted that he has made additions and alterations without consent of landlady - Nature of construction raised by tenant is permanent and these are not removable - Construction of permanent structures inside premises has definitely impaired..........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - Clause in agreement that landlord is entitled to terminate tenancy in case there is breach of terms of agreement or in case of non payment of rent for three consecutive months and tenant fails to remedy the same within a period of thirty days of the receipt of notice - Held, said clause is clearly..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Nature of building - Dominant user of building would serve as a guiding factor to determine the nature of building - If dominant user remains running of trade and business, then even if small portion is used as residence, it would remain no, residential building - Likewise, if dominant user of building..........
