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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Merely because original landlord died during pendency of appeal preferred by tenant, cannot be a ground to no, suit the legal heirs...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent - Once a tenant fails to comply with provisional rent as assessed by Rent Controller nothing remains to be done but an order of eviction has to follow - In case tenant is not happy with assessment of rent of provisional rent, he has a remedy of challenging the same but must..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 2(c), 13 -- Eviction petition - Material impairment - Impleadment of Haryana Wakf Board as party and owner of property - Pleadings show that tenant admitted to have taken disputed premises on rent from landlord itself and has not raised any objection regarding Haryana Wakf Board being owner - There was no..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14D, 25(b)(4) -- Rent and eviction - Leave to defend - Two applications - Both applications are identical - Merely because tenant has filed another application which is identical to first application does not render his first application redundant - Rent Controller committed error in reviewing its earlier order and recalling..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent - It is specific case of tenant that shop in question was mortgaged by landlord with mortgagee - Mortgage deed executed by landlord in favour of mortgagee has been duly admitted by landlord - Tenant is not proved to be in possession of shop let out to him and relationship of..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Leave to defend - Perusal of record shows that bonafide need projected is that landlord does not have enough income for meeting expenses of family and to augment income, wives of landlord want to start a new business - However, no material placed on record by landlord to show that..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 11, 12(3)(b) -- Rent and eviction - Arrear of rent - Declaration suit has resulted in a compromise - Parties have filed before Court consent terms - Despite consent, tenant applied for having standard rent fixed - Said application was dismissed - Trial Court rightly held that application is not..........
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..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Bonafide necessity - Plea that existing gate is sufficient for proper ingress and egress of patients is devoid of any merit - Even, tenant admitted that there is a possibility of increase in number of patients at hospital - Further, hospital is in place at spot and is frequented by..........
