Bharatiya Sakshya Adhiniyam, 2023, Section 142(3), Civil Procedure Code, 1908, Section 151 -- Eviction petition - Re-examination of landlord - Opportunity sought to give an explanation to a question put in cross examination - If explanation comes on record, it will not prejudice tenant but it will subserve the ends of justice and will also help Rent Controller in disposing..........
Rent and Eviction -- Bona fide need - Non residential accommodation - Tenant proposing alternative accommodation cannot dictate landlord to accept suitability of the accommodation and to nullify the need by having other premises...........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Plaintiff failed to file any document such as a lease deed, rent agreement or any contemporaneous written acknowledgement to establish even a prima facie contractual tenancy - Mere production of a single entry from statement of accounts is insufficient to justify directing defendant..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction directing appellant to deliver vacant possession - Suit for mandatory injunction arising from landlord tenant relationship between parties - Relationship was lawfully terminated by service of notice u/s 106 of T.P. Act - Tenant is obligated to deliver possession to lessor upon termination of tenancy in terms of..........
Evidence Act, 1872, Section 116 -- Denial of title of landlord by tenant - Tenant cannot dispute title of landlord during continuance of tenancy...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction suit - Defendants had evaded to pay rent for rented premises since June 2013 to landlord so, this fact itself create cause of action - Fact that plaintiff holding title of ownership or not is the matter require deep evaluation by further evidence which will have to be adjudicated at the..........
Karnataka Rent Act, 1999, Section 43, 3(e) -- Eviction - Dispute of relationship of landlord and tenant - Whenever a dispute arises as to jural relationship between parties, Court has to examine lease agreement or in its absence, receipts acknowledging payment of rent signed by landlord as prima-facie proof of such relationship and proceed with hearing of case - In case..........
Practice and Procedure -- SCC suit - Title of parties cannot be decided in a SCC suit and only relationship of landlord and tenant is to be seen between parties...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 1 -- Right to begin - Eviction suit - When basic ground of eviction sought for is default in payment of rent, it would always be plaintiff/landlord who should lead evidence first - Denial on the part of defendant is strictly a defence that they have taken and to prove the same it is not required for defendants to lead..........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Filing an eviction suit by landlord is sufficient notice to tenant to vacate the property...........
