business of the tenant, the tenant
would not have suffered any prejudice or hardship or at least not much
thereof. We find merit ... relative hardship and advantage, the
hardship that would be suffered by the landlord would outweigh the
inconvenience and hardship that the tenant might
Revision Petitioners/Tenants resisted the Petition contending that portion in occupation of the Tenants is an independent portion. The Tenants have further pleaded that there ... upon the Tenants to prove relative hardship. When there is neither pleading regarding hardship nor evidence by the Tenants, after being satisfied that hardship that
tenant from which it could be inferred that the tenant in guilty of wilful default in the payment of rent. Assuming that the tenant ... landlords may not be in a position to plead what hardships the tenant would suffer if he is asked to vacate and therefore those facts
regards proof of greater hardship by holding that the entire burden of proving greater hardship lies on the tenant and it is for the tenant ... unit, so that the hardship of those persons would really amount to the hardship of the landlord or the tenant. The whole process of weighing
Authority considered the question of relative hardship and held against the tenant. The tenant has no case that it was prejudiced by the lack ... hardship of the landlord is contemplated. What is contemplated in the said proviso is the hardship that would be caused to the tenant
held that in respect of comparative hardship, tenant did not show what efforts they made to search alternative accommodation after filing of release application. This ... such tenant to find out alternative accommodation release application cannot be rejected on ground that such tenant would suffer greater hardship if the release application
pleaded and proved hardship that will be caused to the
tenant and the tenant was not specifically cross-examined in this aspect.
9.To substantiate ... naturally, there must
be a finding as to whether the hardship of the tenant will outweigh the
advantage of the landlord. In regard
eviction.
(iii) There should be proper pleadings highlighting the less hardship of the tenant as well as the corresponding high benefit that would accrue ... Nadu Act (XVIII of 1960), to give specific finding whether the hardship the tenant is likely to suffer would outweigh the advantage to the landlord
pleaded and proved hardship that will be caused to the
tenant and the tenant was not specifically cross-examined in this aspect.
9.To substantiate ... shop is being run in the petition premises by the
sub-tenant. The tenant did not dispute the averments of the landlord either
that the appellant would suffer great
hardship if the eviction is denied than the hardship which the tenant would
suffer in the event of eviction ... been in use of business of the
tenant, the tenant would not have suffered any prejudice or hardship or at
least not much thereof
