Civil Procedure Code, 1908, Section 115 -- Arrears of rent - Paid by tenant to co-owner of property and brother of respondent No.1 - Tenant cannot be compelled to pay the rent amount twice - Held, appellant has no liability to pay rent...........
Civil Procedure Code, 1908, Order 20, Rule 21, Delhi Rent Control Act, 1958, Section 14(1)(e) -- Mesne profit - Tenant engaged landlord in litigation which prolonged for 18 years and enjoyed benefit of stay order - Held, tenant liable to pay all losses incurred by landlord - Rent Controller directed to conduct an enquiry and pass orders quantifying the amount...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction petition - Arrears of rent - Relationship of landlord and tenant denied - However, tenant deposited Rs.40, 000/- - Rent Controller and Appellate Authority holding existence of relationship of landlord and tenant and outstanding arrears of rent as Rs.3.97 lakhs - Held, once relationship of landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(2) -- Appeal against eviction order - Appellant Authority stayed execution of eviction order subject to deposit of mesne profit @ 20, 000/- - Held, order of Appellate Authority cannot be faulted - If tenant continues to occupy premises after tenancy comes to end, he is liable to pay damages for use and occupation at..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional rent - Rate of rent - Provisional rent assessed at the rate of Rs.750/- p.m. - Except an affidavit no other document to show that rent was Rs.750/- p.m. - Order of assessment of provisional rent modified and tenant held liable to pay rent at the rate of Rs.300/- p.m. - Question as to rate of rent left..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Arrears of rent - Provisional assessment - Eviction petition filed by husband whereas wife alleged to be landlord - Tenant still to tender rent and if tenant tenders rent it will absolve him of any liability to pay the same to the wife as well - Tenant can tender rent by way of demand draft in the..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Cease to occupy for more than four months - Tenant continued to pay rent - Payment or receipt of rent by a tenant or a landlord, does not amount to condonation of a disqualification incurred by the tenant against retention of possession of the let out premises - Evicted granted...........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 96 -- Rent deed executed after attachment of property - Invalid - Tenant is not entitled to occupy the premises and resist D.H. from taking actual possession in he garb of the fact that he cannot be evicted otherwise than in accordance with law - Tenant is liable to hand over vacant possession to D.H. and also to pay..........
Delhi Rent Control Act, 1958, Section 14(1)(a), 26 -- Arrears of rent - Interest - Tenant not paying rent month to month - Under Section 26 of the Act, tenant has to pay interest @ 15% per annum - In a suit for eviction, tenant paying rent but not interest - Held, tenant is liable to eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Relationship of landlord and tenant - Unregistered lease deed for three years - Even if rent deed is invalid, payment of rent itself creates a lease by implication - However, in the instant case, tenant did not ever pay rent to the landlord in respect of the preemies even for one month after the execution of the..........
