Rent and eviction -- Sub-letting - Tenant assigned his business in the leased premises in favour of sub-tenant by executing assignment agreement and also received earnest money - Very act of execution of document was sufficient in itself to complete breach of lease condition and statutory mandate and did not require anything further - Breach being complete on his part..........
Will -- Probate - Will executed in favour of applicant to collect rent - However, entire property under Will bequeathed to wife of testator - Execution and attestation of Will proved as per law - Mere presence of applicant at the time of preparation of Will cannot be held to be taking prominent part in preparation of Will - No evidence produced on record to prove that..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Eviction decree - Appeal against eviction decree was listed for final arguments - Ends of justice would be met in case execution of order of ejectment passed by Rent Controller is stayed till decision of appeal - Execution petition stayed...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Relief of ejectment/possession - (i) landlord tenant relationship is admitted, (ii) rent amount is admitted, (iii) it is admitted that this is not a case which is protected under Delhi Rent Control Act, 1958, (iv) termination of the lease is admitted - It is also an admitted position that even by..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Non-deposit of rent - On failure to deposit rent during pendency of suit on a monthly basis, there could be no escape from consequences or rigour of O.15.R.5(1) CPC...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution proceedings - Rent control appeal is pending at the stage for condonation of delay for more than two years - There is no stay by Appellate or Revisional Forum - Since order of delivery of property was passed nine months ago and landlord is not able to get delivery of property, question of granting stay of..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17, 23 -- Shared household - Wife is residing in shared house with husband since 2021 upto filing of appeal before Sessions Court and she is in possession of first floor of said house consisting two rooms - Since the residence is lying vacant, no one is there to resides in the house in question with wife,..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defence of tenant can be struck off in the event of default in paying monthly amount of rent within a week from date of its accrual...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Tenant had offered to pay the rent to landlord - However, landlord himself refused to accept the same - Provision of O.15.R.5 CPC in such situation cannot be attracted - Application to deposit rent in Court, rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought by defendant to change his character of a tenant which was otherwise as admission made in written statement - Admission made in written statement cannot be permitted to be withdrawn - Even otherwise, tenant by merely denying relationship of landlord and tenant could not avoid..........
