Evidence Act, 1872, Section 116 -- Estoppel - Ejectment of tenant - Tenant precluded from denying the title of the landlord on the principal of estoppel between landlord and tenant - Law considered it unjust to allow a person to approbate and reprobate...........
Eviction petition -- Question of title - Scope of adjudication - Ejectment of tenant sought on ground of subletting and default - Court to decide whether relationship of landlord and tenant exists - Question of title may be incidently gone into but cannot be decided finally in eviction proceedings...........
Evidence Act, 1872, Section 116 -- Eviction of tenant - Relationship of landlord and tenant - Defective title of landlord - Estoppel - Possession of tenanted premises handed over by landlord - Rent paid for sometime - Suit for ejectment filed - Tenant denying title of landlord - Landlord found not entitled to inherit property - Landlord can maintain application for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(B) -- NRI landlord - Bonafide requirement - There is no requirement that landlord should permanently settle in India - Requirement of the provision is that a NRI should return to India and claim premises for his/her use or for the use of any dependent ordinarily living with him - A NRI may require the accommodation..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(B) -- NRI landlord - Bonafide requirement - Another petition u/s 13 of the Act qua the same property also filed against tenant - Not a ground for grant of permission to contest the ejectment petition on the ground that requirement of landlord is not genuine or bona fide...........
Co-sharer -- Ejectment of Tenant - Property owned by co-owners - One of the Co-owner can file suit for eviction of a tenant without obtaining express authority or consent of the other co-owners. The consent of other co-owners is assumed as taken, unless it is shown that the other co-owners were not agreeable to eject the tenant and suit was filed inspite of their..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ejectment Petition - Setting aside exparte decree - Misuse of process of law by landlord - Application allowed on the grounds - (i) Landlord played clever game with the tenant, (ii) Took the court for a ride, (iii) In connivance with the Process Serving Agency managed the report `Tenant evading service' - Fraud played cannot..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4 -- Ejectment - Expiry of lease - Land taken on lease in open auction for period of one year - Expiry of the period of one year - Possession not as a tenant or a lessee but illegal possession - Ejectment order upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 2(d) - - Shop-cum-Flat - Ejectment - Bona fide requirement - Petitioners inducted as tenants of the entire shop-cum-flat - Said building a no, residential building as per definition of `no, residential building' in Section 2(d) of the Chandigarh Amendment Act, 1982 - Landlady's desire that her son should start business..........
Civil Procedure Code, 1908, Order 15,, Rule 5 -- Striking off the defence - Suit for Ejectment - Landlord claiming Rs. 1, 16, 200/- per month as agreed rate of rent - Tenant disputing liability, admitting monthly rent of Rs.70, 630/- and depositing the same - `Monthly amount due' in terms of Explanation 3 to Order 15 Rule 5 means the amount due every month at the admitted..........
