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..........
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 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..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 5 -- Fixation of fair rent - Relief to landlord - Relevant date - Held, for grant of relief to landlord date of application has to be taken as relevant date...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6), 4 -- Fair rent - Fixation - Where petition for fixing of fair rent is pending, only fair rent payable by tenant has to be determined and inter se rights of parties are not to be determined...........
Bihar Land Reforms Act, 1950, Section 5 -- Fixation of fair rent - Application for - No averment in plaint that plaintiffs were ex-landlord or intermediaries - No mention in plaint that defendant 1st set has been granted permanent lease by plaintiffs in suit premises - Specific case of plaintiffs that defendant 1st set is their tenant on month to month basis - Held, S.5 of..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Application for fixation of fair rent - Tenancy denied in that proceedings - Petition was dismissed for non prosecution - Held, filing of application for fixation of standard rent do not prove tenancy...........
