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Showing : 11-20 of 1584 Results

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Rent and Eviction -- Bona fide need - Landlord being unemployed required premises for establishing his own business to earn his livelihood - Nothing elicited from cross-examination of landlord to establish that his requirement for personal occupation for said purpose is not genuine and that it is only a ruse for evicting tenants - Even, nothing could be elicited to..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of eviction petition - Landlord by way of amendment sought additional prayer to the effect that vacant possession of suit property may be handed over to him - Such additional prayer will only clarify prayer clause of landlord without any prejudice to tenant - Application allowed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Purpose and object of O.15.R.5 CPC is to ensure that after determination of lease, while tenant is occupying the suit property during pendency of eviction proceedings, landlord must not be deprived of rent qua said period as it would cause undue loss to him...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Rate of rent between parties is Rs.2 lakhs per month which is not specifically denied by tenant - Nothing on record to prima facie substantiate the submission made by tenant that he paid the rent regularly - Even if Rs.15 lakhs paid by tenant to landlord as security as alleged by..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 15, Rule 5 -- Non-payment of rent - Denial of title of plaintiff and denial of relationship of landlord and tenant simplicter does not and cannot absolve lessee/tenant to deposit the due amount of rent/damages for use and occupation, unless he could show having made such payment in a lawful and bonafide manner...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Evidence Act, 1872, Section 65 -- Secondary evidence - Tenant not pleaded in the plaint that original Rent Note is with the landlord - It is immaterial as tenant while seeking permission to lead secondary evidence has to explain the absence of primary evidence as a pre condition before leading such evidence, which can be given at any stage before or when evidence is being..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Electricity connection -- Tenant - Electricity cannot be declined to a tenant on the ground of failure/refusal of landlord to issue no objection certificate - Electricity supply authority is only required to examine whether applicant is in occupation of premises in question...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Delhi Rent Control Act, 1958, Section 14(1)(e) -- Protection of tenant against eviction - Plea of alternative accommodation - Mere existence of other properties which are in fact denied by landlord would not enure to benefit of tenant in the absence of any pleadings and supporting material before Rent Controller to the effect that they are reasonably suitable for..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Delhi Rent Control Act, 1958, Section 25B(5) -- Eviction petition - Leave to defend - Defence set up by tenant is only a moonshine, as bona fide need of landlord is satisfied - Averments regarding alternative accommodation are vague and title of landlord cannot be questioned and embargo under Enemy property Act does not get attracted - However, High Court in its revisional..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material impairment of value and utility of building - Removal of such impairment after filing of eviction petition - Once acts of tenant puts ownership of landlord at peril, such acts or omission do fall within expression impair materially the value and utility of building - Eviction order..........

Showing : 11-20 of 1584 Results