Delhi Rent Control Act, 1958, Section 45, Wakf Act, 1995, Section 83, 85 -- Restoration of electricity supply to property - Admittedly, property in question is a wakf property and is undisputed that petition u/s 45 of the Act was filed in April 2017, after coming into effect amendments carried out in Waqf Act in 2013 - Even if petitioner claims to be a tenant, though such..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Delay in depositing rent U.O.15.R.5 CPC - Adjustment of amount deposited u/s 30(2) of U.P Act - Deposit made u/s 30(2) of U.P Act by tenant had not been held to be validly made in Misc. case - Finding now operates as res judicata - Part of prayer in application now made which asks for adjustment of amount deposited u/s 30(2)..........
Rent and eviction -- Tenant not in actual physical possession - In case tenant has let out or sub-let the building or given it to third parties, including dealers or licensees, he would not be entitled to protection and benefit under the Tenants Act. (Tamil Nadu City Tenants Protection Act, 1972, Ss.9, 2(4)(ii(b)...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission for local inspection - Eviction suit - Tenant wanted to prove the fact of availability of vacant rooms with landlord - Normally though a commission application to collect evidence after commencement of trial is not justified - However, during cross-examination, PW1 stated his preparedness to take out..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction of daughter-in-law - Matrimonial home - Petitioner/daughter-in-law was living on ground floor of property along with her son - Categorical statement is given by petitioner that she is neither interfering in lives or movements of persons living above ground floor nor any of them is a..........
Jammu and Kashmir Houses and Shops Rent Control Act, 1966, Section 11 -- Eviction petition - Bonafide need - On the face of record personal necessity of landlord has been proved beyond any shadow of doubt - Since tenant are in use and occupation of suit property for almost half a century, therefore, they does not deserve any further premium in vacating suit property -..........
Lease/Tenancy -- Surrender of tenancy - Twin conditions that make a valid surrender of tenancy are not fulfilled - Neither landlord nor persons who purchased land from her pleaded or proved that notice in writing was issued to them by tenant followed by inquiry conducted by Special Officer culminating in an order accepting such alleged surrender - Findings of district..........
Lease/Tenancy -- Surrender of tenancy - Lease between landlord and tenant was subsisting and continuing as per order passed in compromise between parties - Being an admitted document, recording an incontrovertible fact, burden is on landlord to prove that tenant`s tenancy had been terminated or surrendered in a manner known to law, which he failed to do so - Findings..........
Lease/Tenancy -- Right of tenant to purchase tenanted property - Tenant stated that landlord orally offered him to sell the lands and he paid full consideration - Documents in question categorically referred to sale transaction, clearly spelling out that amount was towards an installment payable as consideration for purchase of property - Contention of landlord that said..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Eviction suit - In a suit between landlord and tenant, third person who alleges to have an agreement to sell in his/her favour cannot be impleaded as a party especially where basis of agreement is hit by provisions of law...........
