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..........
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..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Specific date of eviction not proved by plaintiff - Plaintiff had to prove specific date of his eviction as to when he was evicted - He contended that he was not residing there and he had paid rent since 1987 - Trial Court wrongly concluded that plaintiff was evicted six months before filing of..........
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 -- Limitation Act - Generally applicable to proceedings under Tenancy Act - However, if there is lesser time period specified as limitation in the Rent Act then provisions of Limitation Act cannot be used to expand the same. (Limitation Act, 1963 and West Bengal Premises Tenancy Act, 1997, S.40)...........
Rent and Eviction -- Tenancy Acts provide for certain protections to the tenants beyond the contractual rights - Thus, provisions of Rent Act must be strictly adhered to...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - Leave to defend - Rent Controller can grant leave to defend if affidavit filed by tenant discloses such facts as would disentitle landlord from obtaining an order for recovery of possession u/s 13-B of the Act...........
