Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- Civil suit for possession and recovery of rent - Plea of tenant that matter is triable under Haryana Rent Act and jurisdiction of civil court is barred - On the date of filing of suit, premises did not fall in municipal area and was under Gram Panchayat - Even a new building is exempted from Rent Act..........
Delhi Rent Control Act, 1958, Section 14(1) -- Misuse charges - Lease of plot by Govt. authority to lessee landlord for 99 years for residential purpose - Lessee landlord renting the same for commercial purpose - Held, (1) Govt. entitled to claim misuse charges in terms of Order issued by Ministry of Urban Development; (2) Contention of lessee that he had evicted tenant on..........
Protection of Women from Domestic Violence Act, 2005, Section 19, 20 -- Domestic violence - Wife living separately from husband in a rented accommodation and paying Rs.1000 as rent - Husband living with another women as he was having extra marital relations - Wife held entitled to rent from husband of Rs.1000/- per month...........
Protection of Women from Domestic Violence Act, 2005, Section 19, 20 -- Wife living separately from husband because of extra marital relations of the husband - Wife a teacher in the Nursery school and also supplementing her income by giving tuition and thus earning Rs.500/- per month - Husband prevented wife from giving tuitions for two years on the pretext that he was..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Bona fide necessity - Death of landlord - L.R's allowed to amend the petition to seek eviction on ground of their own bonafide necessity - Amendment allowed - Once amendment is allowed then legal representatives can seek eviction of tenant on ground of their own bona fide necessity...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Bonafide requirement to start religious activities - Amendment of petition sought that premises are required to house Kashmiri migrants - Amendment allowed - Held, purpose of housing displaced persons is not less than religious activities -..........
Suit for partition -- Tenant purchased 1/3rd share from one of the co-sharers - Status of co-owner extinguished status of tenant - Plea of tenant that he can be dispossessed from the suit property only by having resort to the provisions of Rent Act, not tenable - Suit for partition decreed...........
Rent and Eviction -- Tenant purchased 1/3rd share from one of the co-sharers - His status as tenant extinguished - Plea that he can be evicted only under Rent Act not tenable - Suit for partition decreed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Ejectment application opposed on twin grounds - Firstly landlord had intentionally demolished adjacent shop - Secondly landlord is residing in UK and has no intention to come to India permanently - Objection of tenant repelled - Demolition of adjacent shop was not with mala fide intention - It is..........
Rent and Eviction -- Bonafide requirement - Requirement for self and not for any dependant member of the family - Death of landlord - Landlord had no dependant family member - Ground of personal requirement becomes extinct...........
