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..........
Delhi Rent Control Act, 1958, Section 25B(8) -- Proviso - Revision - Scope of revision - High Court while exercising its revisional power u/s 25-B(8) Proviso of the Act is not expected to substitute and supplant its views with that of trial Court by exercising appellate jurisdiction - Its role is to satisfy itself on the process adopted - Scope of interference by High..........
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..........
Delhi Rent Control Act, 1958, Section 25B(5) -- Eviction petition - Leave to defend cannot be granted to tenant on mere asking...........
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..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Execution of decree - Issuance of warrants - Tenant voluntarily entered into a compromise and pursuant thereto, enjoyed benefit of staying in tenanted premises for a period of ten years - Now, at the stage of execution, tenant cannot raise any objections with regard to jurisdiction of ARC that recorded consent..........
Delhi Rent Control Act, 1958, Section 45, Wakf Act, 1995, Section 83, 85 -- Restoration of electricity supply to property - Admittedly, property in question is a wakf property and is undisputed that petition u/s 45 of the Act was filed in April 2017, after coming into effect amendments carried out in Waqf Act in 2013 - Even if petitioner claims to be a tenant, though such..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Dismissal of petition - Bonafide need - Need of landlord qua tenanted premises have to be essentially considered on date of institution of the petition as is instituted in 1988 as per which Additional Rent Controller rightly held that petitioner of eviction petition bonafide require tenanted premises for..........
Delhi Rent Control Act, 1958, Section 38, Limitation Act, 1963, Section 14 -- Eviction petition - Application seeking to reopen issues already adjudicated upon by way of seeking permission to lead additional evidence - For claiming benefit of S.14 of Limitation Act, party must show that it was prosecuting other proceedings with due diligence and in good faith - In present..........
Delhi Rent Control Act, 1958, Section 44(3), Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Landlord duty to keep premises in good repair - Admittedly, notice in writing given by tenant and same was withdrawn - Tenant has thereafter, filed present petition u/s 44 of the Act - As long as premises have remained un-inhabitable/unusable, cause of action would continue to..........
