East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Order 3, Rule 1 -- Eviction sought by landlady, residing in Canada, through her attorney on ground of personal necessity - Tenant laid application under Order 3 Rule 1 Civil Procedure Code alleging that he has been told by his friend, living in Canada, that landlady is dead - However,..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Eviction order - Execution - Petitioner claims himself to be a tenant holder/respondents - Issue as to whether the petitioner was a tenant and he was put in possession as tenant by the landlord or not and whether entitled to retain possession or not - Landlord has no objection regarding disposal of the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction petition - Death of tenant - Application for impleadment moved by petitioners, who were joint tenants, rejected by Prescribed Authority - Validity - Held, decree passed against joint tenant would bind other heirs of deceased tenant though they were not impleaded in the suit - Rejection of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - At appellate stage - Finding given by appellate court while rejecting application for amendment moved by petitioners/tenants that the facts which they want to brought by way of amendment has already taken into consideration by prescribed authority while passing order on release application -..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction sought from the demised premises forming part of residential building, but being used by tenant for non residential purpose - Held, it is a separate non residential building and falls within the definition of non residential building - Landlord can seek eviction of tenant for the non residential..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice sent by registered post - Received back with postal endorsement `Refused' - Refusal admitted by tenant in cross examination - Tenancy held legally terminated - Suit for possession rightly decreed...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition on the ground of bonafide requirement - Leave to defend - Demised premises consisting of one room in possession of tenant for 36 years and being used as a shop - Ever since the induction of tenant, family of landlord expanded enormously - Landlord and his wife, senior citizens, suffering from heart..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Bonafide requirement - Landlord chartered accountant by profession, sought eviction of tenant from shop on ground floor to set up his professional office - Tenant taking plea that landlord having alternative accommodation - Held, plea not tenable as other property available to landlord was purely residential whereas..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Eviction sought on ground of bonafide requirement - Leave to defend - Delay of one day in filing petition for leave to defend - Summons received by agent of tenant and registered AD with signatures also received back by Court - Held, Rent Controller not conferred with power to condone delay even for one day - Leave to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction of demised shop sought on ground of personal necessity - Tenant took plea that landlord was having possession of alternative shop - Alleged shop, which is room, is on back side of demised premises and does not even abut on main road and thus, not suitable for landlord - Even tenant not doing any..........
