Himachal Pradesh Urban Rent Control Act, 1987, Section 14, Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 101 -- Eviction - Execution proceedings - Frivolous objections - Landlord sought eviction on grounds of no, payment of rent and subletting - Petitioner was inducted as sub-tenant by respondent Nos.2 and 3 - Neither any detail inquiry was required to be held nor..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Eviction - Non-payment of rent - Petitioner/tenant was in arrears of rent w.e.f. April 2001 to November 2002 - Execution of lease deed had been duly admitted by petitioner but it had taken up plea that it was result of mis-representation - Petitioner failed to establish said plea - Held, since..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Non-payment of rent - Tenant failed to establish that he had paid rent w.e.f. 24.08.1998 to 12.11.2005 - He was granted one month's time by Rent Controller to make up deficiency in arrears of rent - Tenant failed to do so - Held, eviction proper - Petition dismissed...........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(a), 13 -- Eviction - Payment of arrears of rent - Execution proceedings - Held, payment or deposit of rent into Court by judgment debtor (tenant) is contemplated only during pendency of suit for eviction or an appeal (by tenant) against a decree or order of eviction - S.13 has no application to execution..........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(a), 13 -- Eviction - Payment of arrears of rent - Execution proceedings - Tenant was clearly in arrears of rent which fact is acknowledged by compromise memo signed by tenant which was incorporated in decree - Held, S.13 has no application to execution proceedings of a decree for eviction - Executing Court's..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement for withdrawal of admission - By moving application for amendment, petitioner-tenant wants to negate benefit accrued to respondent-landlady on basis of earlier defence taken by him - Held, a right has accrued to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Provisional assessment of rent - Non-payment of rent - Pendency of civil litigation between parties regarding recovery of rent - Rent Controller assessed provisional rent vide order dated 09.12.2009 which was upheld by Hon'ble Supreme Court - Rent Controller fixed 30.04.2013 as the date for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of - Eviction petition filed on ground of no, payment of rent and personal necessity - Respondent/tenant filed suit for permanent injunction against petitioner/landlord and in that suit he made statement that he is running collection..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - False plea of payment of entire rent - Effect - Held, when tenant's plea of payment of entire rent was found to be false, Rent Controller was not under any obligation to grant him an opportunity to make up deficiency of arrears of rent - Deposit of arrears of rent during pendency of appeal..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Presumption of payment of rent - Held, simply because landlord had not initiated eviction proceeding for six years, by itself is not sufficient to hold that tenant had been paying rent - Payment of rent has to be proved by tenant - No such presumption can be raised on account of delay in..........
