Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Eviction of tenant - For converting premises into parking space - Right of re-entry of tenant - After addition/alteration of building premises is not converted into parking and is kept or used for letting out residence or no, residence/commercial - Tenant will have right to re-entry...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Rent and eviction - Bonafide requirement - Non-production of registration certificate of vehicle - No consequence as in reply filed by tenant himself, he has admitted that landlord is owner in possession of vehicle, which was being parked by him on road side - Moreover, tenant in application U.O.26.R.9 CPC..........
Punjab Rent Act, 1995, Section 24(3) -- Rent and eviction - NRI landlord - Admittedly, landlord is residing in Germany - However, landlady had specifically averred in her eviction petition that she wanted to return to India and stay permanently in India with her husband which is sufficient compliance of S.24(3) of the Act - Eviction upheld...........
Punjab Rent Act, 1995, Section 24(3), 29(1) -- Rent and eviction - NRI landlord - In case landlord does not occupy or re-lets premises within 3 years, evicted tenant can be put back in premises - Right of tenant is protected to said extent, in case pleadings are found false...........
Punjab Rent Act, 1995, Section 24(3) -- Rent and eviction - Co-owner NRI - Can seek eviction of tenant in a building though tenant was not inducted by such NRI and that it is not necessary that all other co-owners should be NRI...........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(5) -- Rent and eviction - Striking off defence of defendant - As per S.13(5) of the Act, where tenant fails to deposit or pay any amount within time specified, Court shall pass order of striking off defence - In instant case, defendants failed to deposit provisional rent as determined by trial Court -..........
Chhattisgarh Rent Control Act, 2011, Section 13(2) -- Appeal to Supreme Court - Constitution does not enable State legislature to enact law which provides for statutory appeals to Supreme Court - State legislature lacked legislative competence to enact S.13(2) of the Act - S.13(2) of the Act thus, declared ultra vires of Constitution and held, null and void and of no..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction petition - Bonafide requirement - Landlord specifically stated that there is no other vacant shop for setting up business for his son - Therefore, it cannot be said that landlord did not mention or state in his pleadings about having any other property - Tenant was not be able to show either by way..........
Rent and eviction -- Provisional rent - Contentious issues arising between parties - Same cannot be decided at the stage of deciding provisional rent - Evidence has to be led by parties to prove their case - Equities must be balanced at this stage - Rent Controller determined the provisional rent @Rs.7,50,000 pm and High Court confirmed the said order - However, tenant..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Rent and eviction - Tenant created without preparing a rent deed or lease agreement - Nothing un-natural...........
