Delhi Rent Control Act, 1958, Section 14(1)(e), Civil Procedure Code, 1908, Section 92 -- Eviction petition - Bonafide necessity - To maintain a petition u/s 14(1)(e) of the Act landlord does not have to show absolute ownership but is required to show a better title than tenant - Further a tenant who admits his tenancy and even admits relationship of landlord-tenant cannot..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Eviction petition - It is undeniable that all subsequent events which petitioner seeks to bring to force are already mentioned in written statement - There is indeed no requirement for amendment of written statement - Moreover,..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Eviction petition - Tenant kept on sleeping in a great slumber and awoke after around three years of passing of eviction order by Rent Controller in year 2016 and filing of instant application in year 2019 - Conduct of tenants being..........
Civil Procedure Code, 1908, Section 151, Order 14, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Framing of additional issue - Dismissal of application - Eviction petition - On ground of personal necessity - Issues have to be framed to determine controversy between parties and relevant issue would be whether landlord is entitled to seek eviction on ground..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Himachal Pradesh Urban Rent Control Act, 1987, Section 26 -- Execution petition - Striking of issue - Maintainability - No necessity for executing Court to go beyond mandate of compromise decree nor executing Court was enjoined to strike any issues vis-a-vis readiness or willingness or otherwise of each of contesting..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of ejectment petition - If application for amendment of ejectment petition seeking to incorporate necessary ingredients of S.13 of the Act is to be allowed, landlord must satisfy the Court that despite due diligence, necessary ingredients of S.13 of the Act..........
Civil Procedure Code, 1908, Order 1, Rule 10, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Impleadment of party - Dismissal of application - Eviction petition - Application U.O.1.R.10 CPC filed after four years of filing of eviction petition against their brother/proforma respondent which itself speaks volumes about their act and conduct that they..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - U, registered rent note though sought to be led into evidence only for collateral purpose, still its admissibility for that limited purpose ought to have been considered and decided by trial Court, when objection was raised and same should not be deferred for a subsequent stage..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Non payment of rent - Tenant is unable to deny that in written statement filed by tenant relationship of landlord and tenant between parties - Tenant admitted that he is a tenant of demised premises under landlord at rate of Rs.280/- p.m as rent - Therefore, tenant cannot derive any..........
Civil Procedure Code, 1908, Order 15, Rule 5, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Striking off defence - Eviction petition - Non-payment of rent - Tenant ready to deposit rent but on account of an inter-se dispute between landlords themselves as to who would be entitled to receive rent, rent was not accepted on date fixed - Therefore, it..........
