Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defence of defendant struck off by trial Court primarily on the ground of non-deposit of rent within stipulated time - However, certain foundational aspects such as determination of first date of hearing and issue of proper service and opportunity were neither conclusively determined nor adequately..........
Rent and Eviction -- Bona fide need - Adjudication of bonafide need should be done as on date of filing of eviction suit, unless some subsequent event materially changes the ground of relief...........
Rent and Eviction -- Bona fide need - Defendants denied the bona fide need of plaintiffs in their affidavit - Said affidavit by itself could not have been the sole basis for coming to a conclusion that plaintiffs did not have bonafide need of the suit premises without examining material on record...........
Rent and Eviction -- Bona fide need - Trial Court had passed a decree for eviction on the basis of evidence on record which was reversed by Appellate Court - It was therefore necessary for High Court to have taken into consideration the entire material available on record including affidavit of defendant which denied bona fide need of plaintiffs - Thus, by failing to do..........
Transfer of Property Act, 1882, Section 106 -- Eviction suit - Plaintiff is owner of premises and defendant was permitted to use the same - Cheque issued towards rent demonstrates that one cheque was dishonoured and that rent for a period of 44 months remained unpaid, which led to issuance of legal notice - Legal notice issued to defendant reflects that rent was not paid..........
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..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for recovery of possession and arrears of rent - Lis only between plaintiff and defendant - Plaint nowhere contains any submissions or allegations against petitioner nor any relief has been prayed for against her - Petitioner sought his impleadment on the basis of ownership over suit property -..........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Amendment of pleadings - Rent proceedings - Plea of res judicata - Proceedings under Rent Act relate to continuing obligations and recurring liabilities therefore, plea of res judicata cannot mechanically bar amendments concerning later periods...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Rent proceedings - Amendment sought by respondent does not change nature of petition nor does it cause any prejudice to tenant that cannot be compensated by granting opportunity to file an additional written statement - Contention that two rent petitions have been filed for same premises also does not..........
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...........
