, Section 14(1)(e), 25B, 80 - - - Eviction petition - Bona fide need - Requirement of service of notice on Govt. - Applicability of S.80 CPC - Held, S.25B of DRC Act is a special Code and instant eviction petition filed u/s.14(1)(e) of DRC Act on ground of bona fide requirement has to be dealt with as per specific provisions of S.25B of DRC Act - There is no scope of..........
Delhi Rent Control Act, 1958, Section 19, 25B(8) -- Bona fide need - Eviction - Held, landlord is the best judge of his requirement of space for his residence - Tenant cannot dictate terms of landlord as to how else landlord can adjust himself without getting possession of tenanted premises - While deciding question of bona fides of requirement of landlord, it is quite..........
Delhi Rent Control Act, 1958, Section 19, 25B(8) -- Eviction - Bona fide need - Leave to defend - Petitioner/tenant admitted that respondents/landlords have placed on record documents pertaining to illness of their family members - It is not denied that both members of family are in serious conditions and at least require reasonable accommodation of rooms in view of nature..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 - - Eviction - Failure to deposit arrears of rent - Respondent/tenant has not deposited arrears of rent within 45 days as per order of Rent Controller after final determination of arrears of rent - Order of Appellate Authority granting an opportunity to respondent to deposit arrears of rent - Held, order is..........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(1)A -- Eviction - Bona fide need - Settlement between parties - Held, rent shall stand increased to Rs.1500/- P.M. and respondent-tenant shall be permitted to continue to occupy tenanted premises for further period of three years - Tenant shall hand over peaceful and vacant possession to landlord or..........
Transfer of Property Act, 1882, Section 58, 65A -- Mortgage - A tenant inducted during subsistence of mortgage and during subsistence of various legal proceedings - Held, tenant not entitled to protection of Rent Act...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 4(2)(a), 4(2)(b) -- Fixation of fair rent - Determination of - Held, Controller is required to first determine basic rent which shall be rent prevailing in locality for similar building or rented land let out to new tenant during year 1962, where construction of building was completed on or before 31.12.1961..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Eviction proceedings - Defects in pleadings - Rectification of - Held, if there is any defect in pleadings of landlord with regard to ground of eviction, same is not fatal to petition and same can be rectified immediately on raising such an objection - In present case, petitioner/tenant raised an..........
Suit for possession -- Plea that defendant is a trespasser - Defendant contending that he was a tenant - Held, if suit is filed on a plea by an owner, whose ownership is admitted and the defendant pleads a case of tenancy in his favour, unless the tenancy is established, he cannot resist an action for recovery of possession brought at the instance of the owner - Document..........
Clean hands -- Tenant has not come to Court in Revision with clean hands as he is in arrears of rent for the last many years...........