Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Written statement - Not filed within statutory period of 90 days - Landlord yet to lead evidence - Defendant shall suffer irreparable loss and manifest injustice, in case he is not permitted to file written statement and his defence is struck of - Written statement allowed to be taken on record and an..........
Rajasthan Rent Control Act, 2001, Section 9, Rajasthan High Court Rules, 1952, Rule 134, Constitution of India, 1950, Article 226, 227 -- Eviction - Rent Tribunal and appellate Rent Tribunal constituted under the Act while adjudicating disputes between landlord and tenant, exercising judicial power of State, discharge judicial functions, which are akin to judicial..........
Rent and eviction -- Building in a dilapidated and dangerous condition - Landlord offered proposal to provide area equivalent to the area now under occupation of tenant on ownership basis free of charges - In the interregnum, landlord shall provide monthly rent @ Rs.18/- per sq. mtr. now in occupation of tenant from the date of vacating till the date of completion..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of tenant - Landlord who happens to be senior citizen cannot seek eviction of tenant under the Act, who is neither his children nor a relative, as tenancy is not a transfer of property - Senior citizen landlord has to seek eviction under ordinary law - Application dismissed...........
Transfer of Property Act, 1882, Section 107, 106 -- Termination of lease - If a registered lease deed is executed and if no option is reserved to landlord to determine lease, lease stands terminated by efflux of period mentioned therein and not at the unilateral option of landlord...........
Transfer of Property Act, 1882, Section 107, 106 -- Termination of lease - Lease deed executed for a fixed period of 30 years - Rent payable annually - Lease shall be deemed to be yearly lease with secured terms of 30 years - Quit notice issued by landlord by granting 15 days notice is contrary to S.107 of the Act, as termination of lease can be made only by issuing a quit..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Dismissal of petition - Bonafide need - Need of landlord qua tenanted premises have to be essentially considered on date of institution of the petition as is instituted in 1988 as per which Additional Rent Controller rightly held that petitioner of eviction petition bonafide require tenanted premises for..........
Suit for Ejectment -- Bonafide need - If a landlord is in genuine and bonafide need of a tenanted portion, tenant cannot legally raise issue that space available with landlord is adequate - Tenants cannot dictate upon landlord`s personal need of tenanted premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - It is apparent that previous tenancy on first floor was never pleaded in application for leave to defend - Still further, in absence of any material that accommodation on first floor is sufficient, leave to defend cannot be granted - Still further, landlord cannot be forced..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - Tenants have not produced any material to show that premises was let out to electronic security systems - Rather landlord has produced rent deed to prove that separate portions were let out to petitioners herein, who are two brothers - Hence, even if rent has been paid for..........
