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..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Relationship between petitioner as erstwhile tenant and landlord not in dispute - Fixation of fair rent confirmed upto Apex Court - Hence, for recovery of fair rent, suit is filed which needs no further deliberation - Leave to defend rightly rejected...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20, 5, 11(2)(b), Kerala Land Reforms Act, 1963, Section 2(57) -- Eviction petition - Arrears of rent and fixation of rent - There is neither denial of title of landlord nor claim of right of permanent tenancy so as to attract second proviso to S.11(1) of Rent Control Act - Plea of kudikidappu raised by tenants..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of fair rent - Rent Controller considered evidence and document with reference to same locality of petition mentioned property and found that tenant herein have not disputed that market value and they have not produced any contra evidence or document that at relevant point of..........
Rent and Eviction -- Extension of time to vacate - Tenant is engaged in a small tailoring shop and he has unmarried daughters as well - Since one more tenant of premises is yet to be evicted, it is only just and fair that reasonable time to settle elsewhere is granted, particularly, when entire family of tenant is residing within that premises only - Tenant granted time to..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Rent and eviction - Fixation of fair rent - Sale of suit property during pendency - As per material available on record, tenant admitted that earlier landlord has assigned all rights, title, interest and legal rights to present landlord - Therefore,..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908 -- Rent and Eviction - Material alternation - Amendment of plaint - If during period of litigation, tenant has further materially altered premises, it would be within legal right of landlord to bring necessary facts to the notice of Court - It would not be fair in such..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Leave to defend - Tenant challenging bonafide requirement of landlord stating that till date three eviction petitions filed by erstwhile owner and by landlord were dismissed - Tenant deposited rent which he was unable to pay to landlord as he was not present in India -..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B - - Eviction - Bona fide requirement - Leave to defend - There are 14 members of respondents'/landlords' family and many relatives often visit disputed premises - One of the son is residing in another property - Petitioners/tenants have failed to raise any triable issue - Respondent have established that they have no..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 4(2)(a), 4(2)(b) -- Fixation of fair rent - Determination of - Held, Controller is required to first determine basic rent which shall be rent prevailing in locality for similar building or rented land let out to new tenant during year 1962, where construction of building was completed on or before 31.12.1961..........
