East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Arrears of rent, as assessed by Rent Controller not deposited on lst date of hearing - Eviction ordered relying upon Rakesh Wadhawan's case - Rent deposited on the date when notice of motion issued by the High Court - Held, eviction proper...........
Rent and Eviction -- Tenant not vacating within six months despite his undertaking - Contempt notice issued - Tenant directed to be evicted from the premises in question forthwith by using police force...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Lease expired by efflux of time - Defendant not disputed the relationship of landlord and tenant between parties - Rate of rent is also admitted - Receipt of notice, issued as a precautionary measure, terminating tenancy also not disputed - All these admissions of defendant were..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Contempt of Courts Act 1970 - Tenancy - Contempt of Court - Not vacating inspite of giving undertaking and availing two years time - Undertaking alleged to be result of fraud only after contempt notice was received - Plea of fraud raised only to remain in possession - Failure to comply with statement made in Court..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Ejectment petition - Leave to contest - Landlord sought eviction of tenant on ground of bona fide requirement u/s 14(1)(e) and 25-B of the Act - Notice under Section 25-B of the Act served on tenant - Tenant failed to file leave to contest application within statutory period - Tenant contended that summons in relation..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i)(a), Transfer of Property Act, 1882, Section 106 -- Bona fide necessity - Notice u/s 106 TPA bereft of details about nature of business intended to be established in tenanted premises - Held, not fatal, especially when nature of business is disclosed in evidence...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Eviction petition - Unfit and unsafe - Findings of both Courts below that building is in a dilapidated condition - Municipal Committee issued a notice for demolition of building - Plea of tenant that report of surveyor appointed in this behalf is more convincing and reliable not acceptable in..........
Transfer of Property Act, 1882, Section 107 -- Decree for ejectment - Termination of tenancy - A lease from month to month or a lease other than a lease from year to year is terminable by fifteen days' notice - 15 days notice is a valid notice to quit - Contention regarding invalidity of the termination is fallacious - Mere acceptance of rent after the period of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - After retirement landlord joined service on contractual basis - Held, by no stretch of interpretation can it be suggested that a post-retirement assignment, which too is contractual in character and terminable on a month notice, would be covered by the provisions aforementioned...........
East Punjab Urban Rent Restriction Act, 1949, Section 18A(2) -- Schedule II - Eviction proceedings - Application by tenant seeking leave to defend - Plea of tenant that he got notice of proceedings only on date he first appeared in Court - Application filed within 15 days of notice - In absence of prior personal service of notice to tenant and any satisfactory material to..........
