Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Relief of ejectment/possession - (i) landlord tenant relationship is admitted, (ii) rent amount is admitted, (iii) it is admitted that this is not a case which is protected under Delhi Rent Control Act, 1958, (iv) termination of the lease is admitted - It is also an admitted position that even by..........
Delhi Rent Control Act, 1958, Section 44(3), Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Landlord duty to keep premises in good repair - Admittedly, notice in writing given by tenant and same was withdrawn - Tenant has thereafter, filed present petition u/s 44 of the Act - As long as premises have remained un-inhabitable/unusable, cause of action would continue to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Exparte decree - Setting aside - Eviction petition - In proceedings U.O.9.R.13 CPC, Court is required to examine as to whether petitioner has fulfilled requirements of O.9.R.13 CPC which require party to satisfy Court that either summons were not duly served..........
Civil Procedure Code, 1908, Order 7, Rule 11, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13 -- Rejection of plaint - Dismissal of application - Eviction petition - Seeking rejection of eviction petition on ground that period of 10 years had not elapsed after completion of construction of building as provided u/s 1(3) of the Act - Tenant would be..........
Civil Procedure Code, 1908, Section 100, Delhi Rent Control Act, 1958, Section 50 -- Second appeal - Eviction petition - Jurisdiction of civil Court - Jurisdiction of civil Court to entertain any suit or proceeding is not barred u/s 50 of the Act if deceased was a statutory tenant and right of legal heir/s has expired - Thus, no question of law arises for consideration in..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Eviction order - Brother of tenant appeared before Executing Court contending that he proposed to file objections - However, no objections have been filed rather he file an application U.O.39.Rr1, 2 CPC - Maintainability of objections - Petitioner permitted to raise plea of..........
Rajasthan Rent Control Act, 2001, Section 22, Civil Procedure Code, 1908, Section 47 -- Rent and eviction - Objection as to executability of compromise certificate on ground of unfit mental state - Dismissal of application - Tenant entered into compromise with landlord agreeing for his eviction from suit shop on condition of wavier if arrears of rent - Medical certificate..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32, 56, Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Suspension of payment of rent - Due to COVID-19 lockdown - There is no rent agreement or lease deed between parties and hence S.32 of Contract Act has no applicability - Even, case is governed by provisions of Delhi Rent..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13, Civil Procedure Code, 1908, Order 2, Rule 2 -- Eviction - Ground of default in payment of rent - Institution of second suit after dismissal of first suit for eviction - Bar as to - Tenant admitting rent dues to owner and later rent accumulated pending first suit - Default in payment of rent dues..........
Civil Procedure Code, 1908, Order 7, Rule 11, Delhi Rent Control Act, 1958, Section 50 -- Rejection of plaint - Dismissal of application - Suit for eviction - Perusal of issues shows that there is a specific issue in respect of whether property tax is deemed to be part of rent or not - Parties stand that there is an agreement between them that house tax would be part of..........
