Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11 -- Eviction - Satisfaction of Court as to genuineness of claim made by landlord is a concomitant element of a valid order of eviction under the Act - An order passed under the Act without arriving at such satisfaction is a nullity and unsustainable in law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to add pleading with respect to non-maintainability of suit in view of provisions of new Rajasthan Rent Control Act - Suit filed under Transfer of property Act and on the date of filing of suit, Rajasthan Rent Control Act were not applicable and jurisdiction to..........
Limitation Act, 1963, Section 5, Rajasthan Rent Control Act, 2003, Section 15, Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Non filing of written statement in time - Condonation of delay - Petitioner failed to place any document on record to show the hardship that was caused to him on account of which he did not file written statement in time - He was..........
Rent and Eviction -- Demolition notice of Municipal Council - Court in eviction proceedings u/s 16(1)(k) of Maharashtra Rent Control Act has very limited role in determining as to whether demolition is really necessary or not - But it does not automatically follow therefrom that Court would mechanically adopt the view of municipal authority of there being urgent need of..........
Rent and eviction -- Sub-letting - Tenant assigned his business in the leased premises in favour of sub-tenant by executing assignment agreement and also received earnest money - Very act of execution of document was sufficient in itself to complete breach of lease condition and statutory mandate and did not require anything further - Breach being complete on his part..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Relief of ejectment/possession - (i) landlord tenant relationship is admitted, (ii) rent amount is admitted, (iii) it is admitted that this is not a case which is protected under Delhi Rent Control Act, 1958, (iv) termination of the lease is admitted - It is also an admitted position that even by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought by defendant to change his character of a tenant which was otherwise as admission made in written statement - Admission made in written statement cannot be permitted to be withdrawn - Even otherwise, tenant by merely denying relationship of landlord and tenant could not avoid..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 21 -- Eviction petition - Withdrawal of amount deposited as arrears of rent - When applicant has pleaded having settled matter amicably with legal heirs of landlord and further that payment of rent of premises in question had been made to legal heirs of original landlord and also that possession of premises in question..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 18 -- Eviction petition - Sanctioned/approved plan - There is no statutory requirement to have sanctioned/approved plan to seek eviction on ground of rebuilding and reconstruction as provided under the Act...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction order - Non-payment of arrears of rent - Tenant directed to pay arrears of rent on or before next date of hearing but tenant instead of doing needful in terms of order himself chose to file appeal before appellate authority wherein, admittedly no stay ever came to be granted against said order - No..........
