Transfer of Property Act, 1882, Section 116 -- Termination of lease - Mere acceptance of rent by landlord after expiry of period of lease would not amount to waiver of termination of lease...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 21 -- Eviction petition - Withdrawal of amount deposited as arrears of rent - When applicant has pleaded having settled matter amicably with legal heirs of landlord and further that payment of rent of premises in question had been made to legal heirs of original landlord and also that possession of premises in question..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Deceased was strangulated to death by accused and an attempt was further made to conceal his identity by pouring acid over the body - Medical evidence shows that deceased was assaulted by two or more persons and that injuries were homicidal in nature - Landlord of..........
Electricity connection -- Tenant - Electricity cannot be declined to a tenant on the ground of failure/refusal of landlord to issue no objection certificate - Electricity supply authority is only required to examine whether applicant is in occupation of premises in question...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Family members of deceased have constantly stated regarding factum of demand of dowry, ill treatment by husband and mother-in-law of deceased - Said fact is corroborated by landlord of accused - Offence u/s 498-A IPC proved - Accused convicted...........
Rent and Eviction -- Denial of relationship between landlord and tenant - Tenant claimed to be owner of suit property on basis of agreement of sale - Agreement of sale does not create a title in favour of purchaser which can be effected only in terms of S.54 of T.P.Act i.e by way of a registered sale deed - Recovery certificate rightly issued in favour of landlord...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Protection of tenant against eviction - Plea of alternative accommodation - Mere existence of other properties which are in fact denied by landlord would not enure to benefit of tenant in the absence of any pleadings and supporting material before Rent Controller to the effect that they are reasonably suitable for..........
Delhi Rent Control Act, 1958, Section 25B(5) -- Eviction petition - Leave to defend - Defence set up by tenant is only a moonshine, as bona fide need of landlord is satisfied - Averments regarding alternative accommodation are vague and title of landlord cannot be questioned and embargo under Enemy property Act does not get attracted - However, High Court in its revisional..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Subsequent event - Eviction suit - Reasonable and bonafide necessity of a landlord has to be seen on the date of institution of suit - However, subsequent event having material bearing on reasonable and bonafide necessity of landlord can be taken into consideration - But in the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material impairment of value and utility of building - Removal of such impairment after filing of eviction petition - Once acts of tenant puts ownership of landlord at peril, such acts or omission do fall within expression impair materially the value and utility of building - Eviction order..........
