Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Eviction suit - Tenant sought production of additional documents i.e site plan of disputed premises - However, said documents is of no relevance especially when rent petition has been filed on the ground of arrears of rent and bona fide requirement - Moreover, there is no whisper that despite..........
Eviction & Mesne profits -- Possessory title - Execution of agreement to sell - Vendee settled with possessory title in part performance of the agreement to sell - Vendor lost his possession and acquired right of possession under a licence simpliciter and he exhausted his right to continue in possession after the licence has been determined - Vendee rightly held to be..........
Transfer of Property Act, 1882, Section 109 -- Eviction suit - Transfer of property by original landlord to transferee during pendency of suit - Specific averment made in sale deed that eviction suit is pending before SCC Court and authority is given to transferee to contest the suit - There is no dispute that it also includes right to recover rent - Transferee therefore,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of LRs of transferee - Eviction suit - Interest has devolved in favour of transferee after execution of sale deed by original landlord - Sale deed is having specific averment about pendency of SCC suit for arrears of rent and eviction - Since during pendency of suit proceedings, transferee died, his LRs were..........
Rent and Eviction -- Late payment of rent as per direction of Revenue Court is a valid ground for effecting eviction...........
Rent and Eviction -- Non-payment of lease rent - Cultivating tenants themselves admitted that they had given a legal notice showing their readiness and willingness to pay lease rent amount - Therefore, they cannot take a plea that they were handicapped due to COVID-19 Pandemic - Default is of at least three years and time given of two months was not per se inadequate -..........
Eviction suit by a co-owner -- A co-owner, may be family member or not, can maintain a suit for eviction unless objected by other co-owner...........
Eviction suit by a co-owner -- Plea of partition by tenant - Tenant has no concern with partition of property in dispute and it is open only for co-owners - Tenant has no right to raise issue of partition in eviction suit...........
Rent and Eviction -- Bona fide requirement - Eviction order - Order set aside by High Court on ground of clarity about identification of property - There is no misdescription of property - Order of eviction passed by trial Court restored...........
Rent & Eviction -- Deposit of rent in Court - Permissible only till landlord refuses to accept rent - Once landlord expresses his willingness to accept rent by serving notice, tenant has no option but to deposit rent to landlord. (Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, S.30)..........
