Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction - Tenant - Bonafide requirement - Landlord sought eviction of tenant on ground of bonafide need for his sons to start business - Held, well settled that landlord's requirement need not be a dire necessity - Court cannot direct landlord to do a particular..........
Civil Procedure Code, 1908, Order 22, Rule 5, Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 3(vii)(b) -- Eviction petition - Application for substitution as legal heirs - Demised premises was leased out for commercial purposes - There was not even a whisper in the application that applicants or any of them had been or ever carried on business in the..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - A landlord is the best judge of his needs and it is not open for the Court or for the tenant to dictate him the terms...........
Civil Procedure Code, 1908, Order 22, Rule 4, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 21, Transfer of Property Act, 1882, Section 106 - - Eviction decree - Execution - Impleadment of all legal heirs - Not necessary - Interest of deceased judgment debtor was duly represented by respondent No.1 and 2/4 in execution..........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7 -- Quit notice - Found invalid - Held, service of summons of the suit for eviction of the tenant showing the categorical intention of the landlord asking the tenant to vacate the tenanted premises can be taken as a notice u/s 106 TPA read with O.7.R.7 CPC...........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7 -- Quite notice - Found invalid - Service of summons of the suit for eviction of tenant showing categorical intention of the landlord asking tenant to vacate the tenanted premises can be taken as notice - Starting date for calculation of mesne profits in both the eventualities will be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Eviction - Concurrent finding of fact - Contention of petitioner/tenant that she was occupying shop in dispute for a continuous period till filing of eviction petition - Held, question `whether petitioner has ceased to occupy shop in dispute for a continuous period till filing of eviction petition' is..........
Rent & Eviction -- Eviction order - Tenant liable to pay mesne profits for use and occupation of the premises from the date of decree of eviction - Mesne profits is payable at the same rate at which landlord would have been able to let out the premises on being vacated by the tenant - While determining the quantum of amount so receivable by landlord, the landlord is not..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A,13(3)(a)(i) -- Eviction petition - Bona fide requirement of landlord - Consideration of - Landlord serving in armed forces - Going to retire - After retirement he required shop bona fidely for his personal use and occupation for running business of electronics goods - Another shop lying vacant not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local investigation - Eviction proceedings - Held, provisions of O.26.R.9 CPC while empowering Court with discretion to direct a local investigation for the purpose of "elucidating the matter in dispute" only provides for Court to make local investigation where Court is not clear with regard to matter in dispute such as where..........
