Rent and Eviction -- Leave to defend - Declined - High Court in its interim order directed tenant to pay a sum of Rs.1.25 lacs every month as rent - Rent fixed stated to be on higher side - Without going into merits of case, tenant directed to pay amount of Rs.40,000/- p.m towards use and occupation charges of suit property - Matter remitted for decision afresh...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Application of tenant for leading secondary evidence was dismissed - As per tenant, landlord is in possession of some other properties - Such plea is to be proved by way of independent evidence - Merely owning other properties does not mean that eviction application of landlord is to fail as S.13 of the Act deals..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20(2), Evidence Act, 1872, Section 116 -- Eviction petition - Estoppel - Denial of title - As per the own stand of defendant, he is tenant of disputed house which of which plaintiff are landlord and, therefore, defendant is estopped from denying landlordship of plaintiff in view..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20(2), Limitation Act, 1963, Article 113 -- Eviction petition - Limitation - There is no provision under Limitation Act, providing for limitation in filing a suit against a tenant when a ground for eviction exists under a statue - S.20(2) of the Act only creates a bar to file a..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20 -- Eviction petition - Determination of tenancy - Unregistered rent deed - Unregistered rent deed would no stand in way of Court to determine factum of tenancy from evidence on record as well as conduct of parties...........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Objections - Person who was party to original proceedings and who set up completely different case in original proceedings, cannot plead new facts in application u/s 47 CPC and claim that decree was nullity, on basis of new facts so pleaded - Application rightly rejected...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and permanent injunction was filed by tenant - Landlord subsequently filed suit for eviction against tenant - Cause of action in earlier suit cannot be said to be directly and substantially involved in subsequent suit for eviction - Subsequent suit rightly not stayed by trial..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Tenant filed suit on the apprehension that landlord attempting to deny his right as a tenant and was threatening to dispossess him without following due process of law - However, subsequently landlord filed suit for eviction - Neither apprehension of tenant is survived nor he now..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Frivolous suit and suit abuse of process of Court - Frivolous suit should be nipped in the bud i.e. at the initial stage itself - Suit on a meaningful reading of plaint is completely frivolous and only an attempt to abuse the process of Court to delay the eviction petition filed by defendant - Suit is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Ownership of plaintiff admitted by defendants in their written statement - Amendment sought to introduce a new plea that suit property was wrongly recorded in the name of plaintiff, which is contrary to the admission made in written statement - Proposed amendment if allowed..........
