Rent and Eviction -- Two partners - Death of both the partners - No clause permitting continuation of partnership by legal heirs - Non residential tenanted premises is deemed to be vacant in law as tenant is deemed to have ceased to occupy the building - Consequently tenanted property has fallen vacant...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Co-owner of property seeking impleadment as a party - If he is permitted to be impleaded as a party then Court would be called upon to adjudicate the dispute inter se the petitioner and applicant - If that happens rent suit would be converted to title suit - No party can be impleaded..........
Rajasthan Rent Control Act, 2001, Section 9, Rajasthan High Court Rules, 1952, Rule 134, Constitution of India, 1950, Article 226, 227 -- Eviction - Rent Tribunal and appellate Rent Tribunal constituted under the Act while adjudicating disputes between landlord and tenant, exercising judicial power of State, discharge judicial functions, which are akin to judicial..........
Rent and eviction -- Building in a dilapidated and dangerous condition - Landlord offered proposal to provide area equivalent to the area now under occupation of tenant on ownership basis free of charges - In the interregnum, landlord shall provide monthly rent @ Rs.18/- per sq. mtr. now in occupation of tenant from the date of vacating till the date of completion..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Eviction order - Non-compliance of order of payment of arrears of rent - During pendency of a litigation, obligation of a tenant to pay monthly rent is sacrosanct - If rents are not paid, then tenant has no right to put forth any defence and proceedings whether before Rent Controller or before..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Dismissal of petition - Bonafide need - Need of landlord qua tenanted premises have to be essentially considered on date of institution of the petition as is instituted in 1988 as per which Additional Rent Controller rightly held that petitioner of eviction petition bonafide require tenanted premises for..........
Rent and eviction -- Mesne profits - Direction to pay mesne profits cannot be set aside merely on the ground of COVID-19 Pandemic - However, tenant is granted liberty to deposit mesne profits in equal installments...........
Delhi Rent Control Act, 1958, Section 38, Limitation Act, 1963, Section 14 -- Eviction petition - Application seeking to reopen issues already adjudicated upon by way of seeking permission to lead additional evidence - For claiming benefit of S.14 of Limitation Act, party must show that it was prosecuting other proceedings with due diligence and in good faith - In present..........
Delhi Rent Act, 1995, Section 25B, 38, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction petition - Ex parte decree - Appeal against - Maintainability - In eviction petition to which procedure prescribed u/s 25B of the Act applies, an appeal u/s 38 of the Act is not maintainable against an order dismissing an application U.0.9.R.13 CPC/S.25B(9) of the Act - Only..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - It is apparent that previous tenancy on first floor was never pleaded in application for leave to defend - Still further, in absence of any material that accommodation on first floor is sufficient, leave to defend cannot be granted - Still further, landlord cannot be forced..........