East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Provisional assessment of rent - Neither partly placed on record rent receipts or any other documents to show arrears of rent and period of rent - Therefore, Rent Controller rightly assessed provisional rent by simply balancing the rival contentions by taking period as stated by tenant and rate..........
Evidence Act, 1872, Section 102 -- Forged rent receipts - Burden of proof - Suit for restitution of possession - Where landlord alleged that Rent receipts relied upon by tenant were forged and fabricated, burden of proof automatically shifted upon him to establish this claim since in any case, genuineness of his signatures on receipts was not denied...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Suit for restitution of possession - Rent receipts exhibited on behalf of plaintiff which was issued in his name in respect of suit premises under signature of defendant - However, defendant alleged that widow of actual tenant took blank signed receipts from defendant, but no statement whatsoever was forthcoming from..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and permanent injunction - Restraining of defendants from interfering with peaceful possession of plaintiffs - Report of Amin establishes that plaintiffs and defendants were in occupation of their respective shares as per sale-deed - However, plaintiff proved continuous physical possession apart from..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Relationship of landlord and tenant - Landlord filed rent receipts - Tenant cannot now deny ownership of landlord...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of documents - After closure of evidence of defendants - Suit for declaration - Documents sought to be exhibited are certified copies of Record of Rights and rent receipts - Reason for no, filing of documents at the time of trial is vague - Record of rights are public documents and same are always available -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional rent - Assessment - Plea of tenant that rent payable is much less than what is claimed by landlord - Tenant produced rent receipts in support of his plea - No occasion to doubt correctness of rent receipts...........
Hindu Law -- Hindu Undivided Family (HUF) Property - Proof of - Suit property during life time of father of plaintiff was part of HUF and has to be treated as such - Rent receipts issued by father of plaintiff to tenants in suit property but same could be deemed to be his capacity as Karta of HUF - From the pleadings, documents and oral evidence on record, it is clear that..........
Transfer of Property Act, 1882, Section 106 -- Lease - Notice of eviction - Plaintiff inducted defendant as sub-tenant of suit premises - By issuing first notice plaintiff terminated the lease - However, in the mean time settlement arrived at between parties and plaintiff permitted defendant to remain in premises, as it was agreed between parties that entire arrears of..........
Suit for possession -- Plaintiff and defendant both claiming to be tenants and paying rent - Rent receipts show that plaintiff was allotted land in khasra No.270 whereas defendant was allotted land in khasra No.267 - Concurrent finding of courts below that defendant is in possession and allotted different land in khasra No.267 and he has no right to claim the suit property..........
