Rent and Eviction -- Non-payment of lease rent - Cultivating tenants themselves admitted that they had given a legal notice showing their readiness and willingness to pay lease rent amount - Therefore, they cannot take a plea that they were handicapped due to COVID-19 Pandemic - Default is of at least three years and time given of two months was not per se inadequate -..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Eviction petition - Documents sought to be produced on behalf of tenant were not completely alien to controversy - Tenant is yet to begin his evidence - No substantial prejudice shall be caused to other side in case the documents sought to be produced by tenant are allowed to be placed on record..........
Eviction suit by a co-owner -- A co-owner, may be family member or not, can maintain a suit for eviction unless objected by other co-owner...........
Eviction suit by a co-owner -- Plea of partition by tenant - Tenant has no concern with partition of property in dispute and it is open only for co-owners - Tenant has no right to raise issue of partition in eviction suit...........
Rent and Eviction -- Bona fide requirement - Eviction order - Order set aside by High Court on ground of clarity about identification of property - There is no misdescription of property - Order of eviction passed by trial Court restored...........
Rent and Eviction -- Unregistered rent deed making provision for increase of rent every three years by 20% cannot be enforced. (Registration Act, 1908, S.17(1)(d)...........
Rent & Eviction -- Deposit of rent in Court - Permissible only till landlord refuses to accept rent - Once landlord expresses his willingness to accept rent by serving notice, tenant has no option but to deposit rent to landlord. (Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, S.30)..........
Rent and eviction -- Sub-letting - Tenant assigned his business in the leased premises in favour of sub-tenant by executing assignment agreement and also received earnest money - Very act of execution of document was sufficient in itself to complete breach of lease condition and statutory mandate and did not require anything further - Breach being complete on his part..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(2) -- Eviction - Unauthorized occupation - Petitioners are in unauthorized occupation of Gram Panchayat land reserved for purpose of school playground - Unauthorized occupation and possession of land which is reserved for school playground cannot be directed to be legalized on payment of market price - There is..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Eviction decree - Appeal against eviction decree was listed for final arguments - Ends of justice would be met in case execution of order of ejectment passed by Rent Controller is stayed till decision of appeal - Execution petition stayed...........
