Rent and Eviction -- Vacation notice by tenant to vacate the premises on 5.10.1994 - Reply not given by landlord to the notice - Possession alleged to be delivered on 05.09.1996 - Landlord maintained a strategic silence only to raise a claim for rent later on - If possession was not handed over at that time a notice for payment of rent ought to have been issued in the..........
Tripura Buildings (Lease and Rent Control) Act, 1975, Section 12(2), 12(3) -- Eviction petition - Non-payment of rent - Despite notice of demand for paying rent and also for vacating premise bonafide requirement, tenant did not pay arrears of rent within period as prescribed by tenant - Tenant not entitled to get any protection as provided under RCC Act - Petition..........
Protection of Women From Domestic Violence Act, 2005, Section (2)(s), 17, 19 -- Shared household - Right of residence - House exclusively belongs to father-in-law - It cannot be called as a `shared household' within the ambit of S.2(s) of the Act - Daughter-in-law thus, has no right to claim right of residence in said house - Father-in-law cannot be restrained from..........
Assam Urban Area Rent Control Act, 1972, Section 5(4) -- Rent and eviction - Clubbing of daily rent to monthly rent - In absence of any agreement to club daily rent to constitute monthly rent and pay it on monthly basis, the rent which is admittedly payable daily cannot be clubbed on monthly basis for purpose of depositing such rent in Court - Such a misconstruction of law..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Tenant seeking restraint from illegally and forcible dispossession - At one point of time plaintiff claimed to be owner of the house in dispute before the government department whereas in the suit she claims to be tenant - Plaintiff not able to prove her tenancy and she did not have any rent receipt in her..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Order 6, Rule 17, Punjab Rent Act, 1995, Section 38, 65 -- Eviction petition u/s 13-B of East Punjab Urban Rent Restriction Act - Leave to contest - Amendment of plaint allowed for converting petition under East Punjab Urban Rent Restriction Act to Punjab Rent Act - Subsequent..........
Chhattisgarh Rent Control Act, 2011, Section 4 -- Application for eviction - Dismissal of application - Landlord and tenant relationship - Petitioner, who bought disputed property in middle of continuation of tenancy filed suit for eviction almost after 12 years of purchasing shops - Petitioner failed to give any plausible reason for not taking any legal action for..........
Special Marriage Act, 1954, Section 27(1)(b), (d) -- Suit for divorce - Desertion and cruelty - Husband alleges that due to continuous humiliation and cruel treatment by wife, he shifted to a rent free accommodation - However, said fact is not supported by cogent evidence - Infact, wife categorically deposed that husband stared living in rent free accommodation while she..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 16(5)(a) -- Review of an order regarding vacancy - Unless there is finding regarding vacancy, there cannot be either allotment or release - It is a precondition for an order u/s 16(1)(a) or (b) - Once the finding is that there is no vacancy, the same is certainly open to be..........
Rent and Eviction -- Dilapidated condition - Landlord failed to prove the same - Evidence of Expert witnesses produced by both sides shows that premises in question is fit for human habitation - Rent Controller dismissed the eviction petition after appreciating evidence on record, which was affirmed by Appellate Court - High Court in its revisional jurisdiction rightly..........
