Rajasthan Rent Control Act, 2001, Section 18 -- Eviction petition - Relationship of landlord and tenant - Contention of tenants, is that there is no relationship of landlord and tenant between the parties - Contention not acceptable in view of admission of original tenant before Rent Tribunal - Even, in eviction application he has admitted tenancy and also admitted that he..........
Rajasthan Rent Control Act, 2001, Section 18 -- Eviction petition - Concurrent findings of fact recorded by both Courts below in favour of landlord is not liable to be disturbed u/arts.226, 227 of Constitution as High Court does not act as a Court of appeal...........
Transfer of Property Act, 1882, Section 106 -- Lease - Eviction notice - Shop in question was leased to tenant for a period of 11 months as per agreement between parties - After expiry of agreement, tenant became tenant on month to month rent - Eviction notice of 30 days u/s 106 of the Act as given by landlord to tenant is valid - Tenant evicted with conditions...........
Civil Procedure Code, 1908, Order 20, Rule 12, Indian Contract Act, 1872, Section 73, 74 -- Mesne profits - Lease deed - Actual rate of prevailing rent - No evidence led as to what was actual rate of prevailing rent for grant of mesne profits at a rate higher than agreed rent - Lease deed in question also does not provide for a figure of Rs.48,000 p.m to be granted as..........
Specific Relief Act, 1963, Section 34, 38, Delhi Rent Control Act, 1958, Section 27, 50 -- Suit for possession and injunction - Protected tenant - Defendant pleaded that suit barred u/s 50 of Delhi Rent Control Act - In suit for eviction filed by plaintiff, defendant never represented estate of deceased tenant - In injunction proceedings initiated by defendant against..........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage and possession - Plea of prior tenancy by mortgagee - Mortgage deed silent as to prior possession of defendant as tenant - Recitals in mortgage deed shows that on date of mortgage, possession of suit premises was delivered to defendant - More so, if defendant was in possession of suit premises prior to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Suit for possession and for recovery of arrears of rent - Amendment sought for typographical error which crept in prayer clause of plaint wherein erroneously possession of only half of suit property stood claimed by plaintiffs, whereas plaintiffs are owners of entire land -..........
Hindu Law -- Hindu Undivided Family (HUF) Property - Proof of - Suit property during life time of father of plaintiff was part of HUF and has to be treated as such - Rent receipts issued by father of plaintiff to tenants in suit property but same could be deemed to be his capacity as Karta of HUF - From the pleadings, documents and oral evidence on record, it is clear that..........
Hindu Adoptions and Maintenance Act, 1956, Section 19(5), 22(6)(9) -- Maintenance - Widowed daughter-in-law - Respondent has no source of income - She specifically pleaded that petitioners/i, laws is having big house and they are getting rent of Rs.10,000 p.m and they also doing their businesses from joint family properties - Said fact is not denied by petitioners -..........
Revenue record -- Proof of tenancy on the basis of revenue entries - Revenue record carries presumption of truth - However, such presumption is rebuttable presumption and in the instant case in view of the admission made by plaintiff presumption stood rebutted as it is not established as to who inducted plaintiff as a tenant in the land and there is vague statement that..........
