Rent and Eviction -- Non user of suit premises for a period of six months preceding the filing of suit and that tenant is liable for eviction on ground of sub letting - Non consumption of electricity - Plea of tenant that he is a devout Jain and he closes the shop at 5.30 p.m. before the day getting dark - However, after two/three years electricity consumption started..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a), Civil Procedure Code, 1908, Order 41, Rule 27 -- Eviction of tenant sought on the ground of sub-letting - Eviction order passed - In first appeal sub tenant sought to produce evidence to substantiate his claim that he is direct tenant - Production of additional evidence rejected by Appellate Court -..........
Civil Procedure Code, 1908, Order 8, Rule 5, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition on ground of sub-letting - Principal tenant neither filed written statement nor adopted written statement of other co-tenants - Held, it amounts to admission of averments made in eviction petition in terms of O.8.R.5 Civil Procedure Code...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - Courts below have held that cheque has been issued for purpose of discharging the existing legal liability - Said cheque has bounced for insufficiency of funds - Held, presumption u/s 139 of the NI Act is a rebuttable presumption and accused is entitled to rebut the presumption - But in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Sub-letting - Sub-letting allegedly done by son in favour of father - Though father and son joint in mess, but parting of possession proved - Held, it is a case of sub-letting...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Sub-letting and bona fide necessity - Tenant transferred possession of demised premises to his son for valuable consideration - Son running an exclusive business in demised premises as a proprietorship firm - Evidence on record shows exclusive possession of son over demised property - Tenant neither made a partner..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Subletting - Tenant bequeathing tenancy rights of commercial property in favour of one son to the exclusion of other legal heirs - Held, act of tenant would not constitute sub letting so as to attract the wrath of eviction u/s 14(1)(b) of the Act...........
Delhi Rent Control Act, 1958, Section 14(1)(a), 14(1)b), 39 -- Eviction petition on ground of sub letting - As per landlord, shop let out to `M' who sub let it to `S' - Landlord produce rent note to prove tenancy with `M' - Signatures on alleged rent deed appears to be fabricated - No independent witness examined to prove alleged tenancy - `S' claimed himself to be direct..........
U P Urban Building (Regulations of Letting, Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Jurisdiction of Small Cause courts - Framing of issue regarding title - Refusal - Issue relating to fraud involving transfer of property - Trial court refused to frame issue as nobody questioned ownership of plaintiff - Petitioner failed to disclose in what..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(8) -- Eviction petition - Ground of arrears of rent - Suit decreed ex-parte when tenant not appeared - Tenant filed application U.O.9.R.13 CPC for setting aside ex-parte decree - Question whether tenant was required to deposit arrears of rent at the time he filed application..........
