Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 9(i) -- Amendment of reply - Dismissal of application - Eviction petition - On the basis of subsequent event as pleaded, in no manner it can be said that bonafide requirement of premises as pleaded by landlord stand completely eclipsed - Appellate Rent Tribunal committed no..........
Transfer of Property Act, 1882, Section 106 -- Determination of tenancy - Suit for recovery of possession - Arrears of rent - Payment or non-payment of arrears of rent in advance would be of no consequence for deciding entitlement of respondent to seek recovery of possession of suit property on basis of determination of tenancy of appellant in view of notice issued by..........
Transfer of Property Act, 1882, Section 106 -- Determination of tenancy - Notice - Plea of advance payment of rent - Non-sending of reply to notice is also a circumstance to negate plea of appellant that he had paid advance rent...........
Civil Procedure Code, 1908, Section 11, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Res judicata - Eviction petition - Previous eviction petition dismissed as erstwhile landlady/deceased sought possession of demised premises which is a commercial property by claiming that it was required by her for `residential purposes' which concerned Courts naturally..........
Delhi Rent Control Act, 1958, Section 14(1)(a), Civil Procedure Code, 1908, Order 41, Rule 27, Slum Areas (Improvement and Clearance) Act, 1956 -- Eviction order - Slum area - Plea whether or not property located in a slum area was raised for first time through application U.O.41.R.27 CPC that too at appellate stage, both parties ought to have been given adequate..........
Civil Procedure Code,1908 -- Kerala Buildings (Lease and Control) Act,1965 - It is axiomatic entire provisions of CPC are not applicable to proceedings before Rent Control Court...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), 11(4)(i), 11(4)(ii), 11(4)(iv), 22, Civil Procedure Code, 1908, Order 22, Rule 4 -- Non-impleadment of legal representative of a tenant - Mere impleadment of sub-tenant ipso facto will not absolve landlord from his liability of impleading legal representatives of original tenant who died pending..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), Civil Procedure Code, 1908, Section 34 -- Non-payment of rent - Interest - Non-payment of rent to landlady for such a long period caused undue hardship to her and unfair advantage to bank by keeping possession of entire tenanted premises without paying actual rent - Bank directed to pay arrears..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit property on rent, damaged in fire - Restraining tenant from constructing/reconstructing/restoring or repairing suit property - Question as to whether even after damage, suit premises are in the same position in which they were let out to the defendant, is a fact/an issue which shall be decided..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Son of original tenant sought impleadment after almost 6 years of filing of eviction suit - No date or month is mentioned in the application as to when applicant was aware of pendency of eviction proceedings - Vague and cryptic explanation given by applicant - Moreover, similar..........
