Rent and Eviction -- Personal necessity - Shop of which vacant possession was obtained, a provision store is being conducted jointly - Need felt by landlord as head of family that his sons should be settled independent businesses was genuine - Co-owners cannot be compelled to carry on business jointly since they are the best judges of their need - Tenant evicted...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Delay in deposit of rent - Suit for arrears of rent and eviction filed in the year 1985 and written statement filed in the year 1986, but rent for first time deposited in the year 2003 - Explanation or reason for not depositing the rent that lessee was not obliged to deposit the rent as lessor had..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii) -- Eviction petition - Bonafide requirement - When landlord has indicated about type of business that he propose to do, then, pleadings need not to be so elaborated in detail so as to cover all aspects...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii) -- Eviction petition - Bonafide requirement - Where landlord makes bonafide preparations to commence business, then, it is not necessary that landlord or members of family for whom business is sought should be casually carrying on business on date of filing of petition...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Mesne profits - Landlady herself placed on record rent note of Rs 16,750/- p.m. - It is accordingly pointed out that as per annexure P/2 rent note was of Rs 32,500/- p.m. and has been misread by appellate Authority - It is not disputed that said agreement is not registered and therefore, same..........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 18(m) - - Election - Merely because candidate is elected does not mean that his election cannot be looked into or enquired later on by State Election Commission...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Eviction petition - Subsequent events - During pendency of proceedings subsequent events had taken place which led to landlady daughter to come to Ludhiana - Circumstances changed and now need of demised premises was for her daughter - In such..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, 18A -- Leave to contest - Apart from shop in question, which is in possession of petitioner there were three more shops which were also divided inter se family members as per family settlement which was reduced into writing - Rent Controller would have necessarily to go into various factors as share of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Fixation of mesne profits - Fixation of mesne profits is to be on basis of some registered documents and it cannot be fanciful, at discretion of Court - In the instant case, order does not depict that whether any registered lease deed was taken into consideration while fixing mesne profits - In..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Fixation of mesne profits - Once the order of eviction has been passed, contractual rate of rent inter se parties comes to an end...........
