Himachal Pradesh Urban Rent Control Act, 1987, Section 18 -- Eviction petition - Sanctioned/approved plan - There is no statutory requirement to have sanctioned/approved plan to seek eviction on ground of rebuilding and reconstruction as provided under the Act...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction order - Non-payment of arrears of rent - Tenant directed to pay arrears of rent on or before next date of hearing but tenant instead of doing needful in terms of order himself chose to file appeal before appellate authority wherein, admittedly no stay ever came to be granted against said order - No..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30 -- Eviction petition - Issue raised by defendants is improper communication of sale deed - This cannot be accepted for reason that notice has properly been served, defendants have accepted change of landlordship in their written statements and also payment of Rs.32/-p.m u/s 30..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20 -- Revision - Scope - As per S.20(1) of the Act, where appellate authority empowered u/s 18 of the Act is a subordinate Judge, the District Court and in other cases the High Court, may, at any time, on application of any aggrieved party, call for and examine the records relating to any order passed or..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Eviction suit - Petitioner never prayed for appointment of Court Commissioner before Rent Tribunal - Rather, petitioner specifically came up with a case that she is in possession of premises in question - Action of petitioner of requesting to appoint Court Commissioner is nothing but an..........
Rent and Eviction -- Denial of relationship between landlord and tenant - Tenant claimed to be owner of suit property on basis of agreement of sale - Agreement of sale does not create a title in favour of purchaser which can be effected only in terms of S.54 of T.P.Act i.e by way of a registered sale deed - Recovery certificate rightly issued in favour of landlord...........
Suit for possession -- Applicability of S.18 of Rajasthan Rent Control Act - Rent Control Act came into force after civil suit was filed - Act is applicable to areas in question from date of notification came into force and it does not bar decree of civil Court or pendency of such civil suit - Decree passed by civil Court is valid and executable which is not interdicted..........
Delhi Rent Control Act, 1958, Section 25B(8) -- Proviso - Revision - Scope of revision - High Court while exercising its revisional power u/s 25-B(8) Proviso of the Act is not expected to substitute and supplant its views with that of trial Court by exercising appellate jurisdiction - Its role is to satisfy itself on the process adopted - Scope of interference by High..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Protection of tenant against eviction - Plea of alternative accommodation - Mere existence of other properties which are in fact denied by landlord would not enure to benefit of tenant in the absence of any pleadings and supporting material before Rent Controller to the effect that they are reasonably suitable for..........
Delhi Rent Control Act, 1958, Section 25B(5) -- Eviction petition - Leave to defend cannot be granted to tenant on mere asking...........
