Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by BDA (Bangalore Development Authority) - DH after a period of approximately 17 years and after vesting of suit property in favour of BDA, entered into lease agreement with JD - BDA has become absolute owner of suit property - When BDA claims right, title or interest in suit property,..........
Civil Procedure Code, 1908, Order 8, Rule 1A, 3(A), 151 -- Production of statement of plaintiff regarding admission made in another suit - Eviction suit - Statement of plaintiff sought to be brought on record was itself rendered on 11.9.2017 and thus, could not have been brought on record prior thereto - Relevance of statement can further be examined by Court below -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission for local inspection - Eviction suit - Tenant wanted to prove the fact of availability of vacant rooms with landlord - Normally though a commission application to collect evidence after commencement of trial is not justified - However, during cross-examination, PW1 stated his preparedness to take out..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Eviction suit - In a suit between landlord and tenant, third person who alleges to have an agreement to sell in his/her favour cannot be impleaded as a party especially where basis of agreement is hit by provisions of law...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Eviction - Decree on basis of admission - Plea of sub letting by defendant No.1 to defendant No.2 - Defendant No.2 filed suit for specific performance against plaintiff and on that basis claiming himself to be the owner - By filing suit for specific performance there is clear cut admission that plaintiff is the owner -..........
Rent and eviction -- Authorized tenant - Tenant in possession on the date of commencement of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Amendment Act, 1976 with the consent of original owners - He shall be deemed to be a tenant by virtue of S.14 of U.P. Urban Buildings Act, as u/s 14 of said Act, a tenant in occupation of a building with the consent..........
Rent and Eviction -- Demolition of building - Premises are situated within urban areas governed by Karnataka Rent Control Act - Provisions of T.P. Act not applicable...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Release application for need of son of landlord - Plea of tenants that they are tenants for last 60-70 years and therefore as per R.16(2)(a) of U.P. Urban Building (Regulation of Letting Rent and Eviction) Rules application for release does not..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12 -- Production of documents - Eviction petition - Summoning of 9 documents - Except map of rented property, all other documents not relevant for the purpose of deciding the controversy - Order summoning one document, upheld...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Eviction suit - Documents in question were not placed on record by tenant at the time when he filed his response to eviction proceedings or during course of leading evidence - Tenant failed to demonstrate that despite due diligence he could not produce said documents on record earlier -..........
