Rent and eviction -- Eviction petition - Bona fide requirement - Premises in question have been in the occupation of tenant for more than 30 years - Landlord suffered an accident and he genuinely wanted his son to be settled in business - Need pleaded by landlord was found to be genuine - Tenant evicted...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Eviction petition - Landlord tenant relationship - Court of the opinion that only on recording evidence that question can be decided - There is nothing wrong for directing recording evidence on all issues...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for mandatory injunction filed by tenant that he be permitted to carry out repairs to the dilapidated portion - Counter claim by landlord seeking vacation of premises on the ground of bona fide necessity - Counter claim filed after a gap of 13 years of institution of suit - Delay in seeking counter claim..........
Rent and Eviction -- Joint tenants - Partition of tenancy rights - Commercial property - Death of original tenant - One of the joint tenants in actual and exclusive possession and he during pendency of case surrendered tenancy rights and he also handed over the possession of property to landlord who let it out to appellant and at present appellant is in possession of..........
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..........
Jammu and Kashmir Houses and Shops Rent Control Act, 1966, Section 11 -- Eviction petition - Bonafide need - On the face of record personal necessity of landlord has been proved beyond any shadow of doubt - Since tenant are in use and occupation of suit property for almost half a century, therefore, they does not deserve any further premium in vacating suit property -..........
Lease/Tenancy -- Surrender of tenancy - Twin conditions that make a valid surrender of tenancy are not fulfilled - Neither landlord nor persons who purchased land from her pleaded or proved that notice in writing was issued to them by tenant followed by inquiry conducted by Special Officer culminating in an order accepting such alleged surrender - Findings of district..........
Lease/Tenancy -- Surrender of tenancy - Lease between landlord and tenant was subsisting and continuing as per order passed in compromise between parties - Being an admitted document, recording an incontrovertible fact, burden is on landlord to prove that tenant`s tenancy had been terminated or surrendered in a manner known to law, which he failed to do so - Findings..........
Lease/Tenancy -- Right of tenant to purchase tenanted property - Tenant stated that landlord orally offered him to sell the lands and he paid full consideration - Documents in question categorically referred to sale transaction, clearly spelling out that amount was towards an installment payable as consideration for purchase of property - Contention of landlord that said..........
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...........
