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...........
Delhi Rent Control Act, 1958, Section 25B(5) -- Eviction petition - Leave to defend - Defence set up by tenant is only a moonshine, as bona fide need of landlord is satisfied - Averments regarding alternative accommodation are vague and title of landlord cannot be questioned and embargo under Enemy property Act does not get attracted - However, High Court in its revisional..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material impairment of value and utility of building - Removal of such impairment after filing of eviction petition - Once acts of tenant puts ownership of landlord at peril, such acts or omission do fall within expression impair materially the value and utility of building - Eviction order..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Tenant admitted that she has paid rent from time to time and she is tenant - She also admitted that she has never paid rent before Court concerned after first hearing of suit as required U.O.15.R.5 CPC - Defence of tenant rightly struck off...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Any deposit made prior to first appearance in SCC suit may be adjusted for arrears of rent due upon filing an application, but after institution of suit, it is mandatory requirement to deposit rent before Court, where suit is instituted...........
Rent and Eviction -- Eviction petition - Plea of tenant having no objection to vacate subject to refund of security deposit and expenditure of Rs.75 Lakhs for repairs and maintenance of premises - Proof of expenditure - A suggestion has been put to DW1 that no money was spent by tenant for repairs or renovation of suit schedule premises, as the suit schedule premises was a..........
