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 -- 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 -- Eviction suit - Limitation - Plea of adverse possession was not taken by defendant/tenant - Law of limitation therefore, not applicable in filing civil suit for eviction and possession...........
Rent and eviction -- Eviction suit - Limitation - Once relationship between parties being a tenant and landlord has been denied by tenants/defendants, who are claiming their ownership over suit property and denied right and title of plaintiff/landlord, period of limitation as applicable for instituting suit under U.P Urban Buildings Act is not applicable...........
Rent and eviction -- Eviction suit - Limitation - Where the matter between parties acknowledged as a private dispute with respect to intricate question of title over property in dispute, question of limitation for filing suit for eviction, possession and arrears of rent under U.P Urban Buildings Act goes and case would be adjudicated upon by civil Court...........
Limitation Act, 1963, Article 1 -- Limitation - Suit for recovery of money - Parties had agreed and proceeded with two independent transactions leading to two independent obligations i.e one being obligation on part of plaintiff to pay rent to defendant and other being obligation on part of defendants to repay the loan to plaintiff - Art.1 of Scheduled to Limitation Act..........
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..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Proceedings under Rent Control Act - Rent Control Court has power to condone delay u/s 5 of Limitation Act...........
Limitation Act, 1963, Section 29(2) -- Proceedings under Rent Act - Applicability of S.29(2) of Limitation Act to such proceedings - Rent Control Court is not a persona designata - It is a Court - In the absence of any express exclusion, S.29(2) of Limitation Act applies...........
Civil Procedure Code, 1908, Section 100, Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(1)(a)(h), (j), 2(2) -- Second appeal - Eviction petition - It is apparent that out of three grounds of eviction found concurrently by two Courts below based on decree of eviction has been passed - While appellant has no questioned correctness of two grounds i.e...........
