Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Eviction suit - Delay in question cannot be held to be fatal or prolonged - There was a slight delay, which has been satisfactorily explained by plaintiffs - Important questions of law and facts are involved in the suit and..........
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, Section 10 -- Stay of subsequent suit - Petitioners have instituted two civil suits seeking specific performance of distinct agreement to sell pertaining to two separate portions of property in question - Whereas respondents during pendency of said suits seeking possession of same premises filed eviction petition before Rent Tribunal - Questions..........
Rent and Eviction -- Fixation of rent - Challenge as to - Lessee challenged the fixation of fair rent but did not seek a stay of its operation before appellate or revisional fora - Mere filing of an appeal does not operate as a stay of decree/order under appeal is the statutory ordainment in O.41.R.5 CPC - Payments were made belatedly and only after protracted litigation..........
Rent and Eviction -- Finality of a judicial decision - Judicial decision attains finality if immediate next superior forum is not approached by the party suffering the decree/order of the Court seized of the lis - However, finality of a judicial decision would have no applicability in a situation where a party, despite owing money (unpaid rent, here) to his adversary in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession/eviction - Plaintiff is claiming ownership over shop in question on the basis of preliminary partition decree - Admittedly, preliminary decree cannot be questioned by defendants as they have no locus standi to challenge the same being tenants and has not alleged that preliminary..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Former suit is protection against eviction while subsequent suit is for declaration of title - Provisions in S.10 CPC not applicable...........
Rent and Eviction -- In a suit for eviction, proof of ownership of tenanted premises is not to be strictly looked at as in a suit for declaration of title...........
Rent and Eviction -- Bona fide need - Plaintiff needed the premises for joining her husband's business to expand it to room rented out - There is no dispute as to business carried on of sweets and savouries, in the adjacent shop room - There is also no dispute on sons of plaintiff also having joined business and plaintiff's intention to participate in business, thus..........
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..........
