Maharashtra Rent Control Act, 2000, Section 16(1)(g) -- Eviction petition - Application seeking cross-examination of plaintiff - Once amendment was allowed to be brought in written statement Court will have to decide aspect of comparative hardship also - Therefore, Court below ought to have allowed application seeking cross-examination of plaintiff - Since Court has to..........
Rent and eviction -- Extension of time to vacate - Concurrent findings of two Courts below decreeing suit of plaintiff - However, tenant is not pressing the appeal on merits and craving a reasonable time to vacate the premises - Direction issued to tenant to submit an undertaking to the effect that he will handover peaceful and vacant possession of suit premises to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - There is no bar for a Non-resident Indian to get a building of choice vacated u/s 13-B of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - Leave to defend - Tenant cannot dictate how much space is adequate for proposed business venture or to suggest that available space with landlord will be adequate...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - Leave to defend - Landlord needed premises for proposed business - Status of landlord as NRI is not in dispute - Contention of tenant is that space available for landlord would be adequate for purposed business and there is no need to seek eviction of tenants from their..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Restoration of application U.O.21.R.97 CPC dismissed in default - Application filed on the pretext that counsel was ailing - No evidence, as such, placed on record in support of their contention - It cannot be ruled out that recourse to application U.O.21.R.97 CPC was adopted to install execution proceedings..........
Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act, 1968, Section 22(2)(a), (f), 23(1)(b) -- Eviction petition - Cease to occupy - Shop let out to tenant used as godown was all time occupied by him had to be discharged by tenant and on failure to discharge the same, landlord was held entitled for eviction - Availability of reasonable cause for ceasing to..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of an issue - Question of title - No question of title framed by trial Court - Mere assertion that plaintiff is owner/landlord of suit property is not sufficient to deal with title of property...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Bonafide requirement - Condition of tenement in question, even though if it is in a dilapidated condition, it is no more choice of tenant to decide, as to in what manner landlord, would get it renovated or make it habitable to meet his bonafide..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Arbitration - When disputes arise between landlord and tenant with regard to determination of lease under the Act, landlord to secure possession of leased property in a normal circumstance is required to institute a suit in Court which has jurisdiction - However, if parties in contract of lease or in..........
