Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Eviction decree - Objection by sub-tenant - Sub-tenant though established his exclusive possession, but failed to establish payment of rent to original tenant - Payment of rent is essential element of lease or sub-lease - In the absence of same, no tenancy or sub tenancy can be proved - Objection rejected...........
Delhi Rent Control Act, 1958, Section 50 -- Suit for possession - Tenant`s plea that suit is barred u/s 50 of the Act as monthly rent of property was only Rs 3,500/- - Agreed monthly rent being set out as Rs.3,600 in rent agreement and execution has not been denied by tenant - Therefore, his plea that monthly rent of premises was Rs.3,500/- cannot be accepted and has been..........
Agreement to sell -- Nature of agreement - Loan transaction or agreement to sell - Execution of supplementary agreement after receiving further amount - Looking to dealings of the parties, circumstances about execution of supplementary agreement only strengthen the case of plaintiff rather than operating against them...........
Civil Procedure Code, 1908, Order 21, Rule 106(3) -- Execution - Setting aside ex parte order passed in execution petition - Application has to be filed within 30 days from the date of order and not from the date of knowledge...........
Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Arrest and detention of JD - Willful evading of payment by JD - DH contended that JD willfully and deliberately evading payment even though he is possessed of sufficient means to satisfy decree, as he is running a business - However, JD stated that said business is being run by his wife and not..........
Constitution of India, 1950, Article 226, 227, Rajasthan Rent Control Act, 2003, Section 19, 21, Rajasthan High Court Rules, 1952, Rule 134 -- Intra-Court appeal against judgment of Single Judge - Maintainability - Rent Tribunal and Appellate Rent Tribunal have trappings of Civil Court - Therefore judicial orders passed by them can only be questioned by invoking power of..........
Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Contract for development of Villa - Delay of 5 years in delivery of possession of villa - Even though villa is ready for occupation now, but delay of almost 5 years is a crucial factor - Respondents justified in seeking refund of deposited amount with reasonable interest - Amount granted by Commission..........
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101 -- Execution - Third party objections - In the proceedings U.O.21.Rr.99, 100, 101, right, title or interest has to be determined...........
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101 -- Execution - Objection by third party - Respondent claiming to be put back into possession - He was obliged to establish his right, title or interest in property without which his application could not have been allowed - Executing Court considered the application in its right perspective and held that respondent..........
