Showing : 231-240 of 2191 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Madhya Pradesh Accommodation Control Act, 1961, Section 13-- Eviction - Default in payment of rent - Protection against eviction u/s 13(5) of the Act - Available to tenant only if he regularly pays rent after suit is filed - It does not confer power on Court to condone defaults in payment of rent after suit is filed...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Suit based on title - Amendment sought in relief clause by adding prayer of eviction and mesne profits/damages - Necessary averments regarding termination of tenancy averred in the plaint - Nature of suit not changed if amendment is allowed -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Personal necessity - To run a joint business of grocery by landlady and her husband - Requirement is presumed to be bonafide and genuine - Merely because landlady has two shops, tenant is not to dictate as to how landlady is to adjust herself - Tenant rightly evicted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Personal necessity - Premises in question required for running a grocery store jointly by landlady and her husband - Merely because husband never stepped into witness box, is no ground to discard the case of landlady, particularly when need was as such joint and landlady herself had..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Personal necessity - To run a joint business of grocery by landlady and her husband - Dependency of husband - Husband of landlady is pensioner from a bank - Due to high rates of inflation, husband is said to be dependent upon her wife - Tenant held, rightly evicted...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Eviction suit - Specific averments on record that tenants were evicted from premises but were re-inducted and permitted to stay for a short while in suit premises for marriage of their daughter - However, tenants refused to vacate premises thereafter and no rent has been paid -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 3, 43, United Provinces (Temporary) Control of Rent and Eviction Act, 1947, Section 2, General Clauses Act, 1897, Section 24- - Rent and eviction - Notification issued extending provision of earlier enactment to area where suit is filed - Maintainability - In the instant case, earlier enactment repealed and replaced by new Act - Even, nothing is inconsistent in notification with re-enacted provision of new Act - Hence,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Amendment of eviction petition allowed, viz. (i) proposed amendment does not change the nature of suit; (ii) amendment does not introduce any fresh cause of action; (iii) amendment is relevant for deciding the question of subletting and availability of alternative..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Eviction petition - Amendment - Liberal view is to be taken in case of amendment so long it does not change or alter nature of case...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of eviction petition - Amendment sought by landlord only to elaborate his ground of bonafide requirement - Amendment will only help Rent Controller to come to valid conclusion as to whether requirement is justified and bona fide - Evidence not yet complete and no prejudice will be caused..........

Showing : 231-240 of 2191 Results