Rent and eviction -- Eviction suit - Limitation - Where the matter between parties acknowledged as a private dispute with respect to intricate question of title over property in dispute, question of limitation for filing suit for eviction, possession and arrears of rent under U.P Urban Buildings Act goes and case would be adjudicated upon by civil Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for eviction and possession - Concurrent findings of Courts below on record acknowledging right and title of plaintiff over suit property in question and status of defendant as a tenant over there - Claim of defendants being an owner of suit property and justifying their possession on the basis thereof..........
Rent and Eviction -- Stay of eviction decree - Determination of compensation/mesne profit - Compensation determined on the basis of purchase price of property - Held, not proper - Compensation/mesne profit has to be determined at the rate at which landlord would have been able to let out the premises and earn rent if tenant had vacated the premises - Impugned order set..........
Rent and Eviction -- Bona fide requirement - Landlord required premises to set up business for his children - Eldest son of landlord still studying - There is no bar for someone who is pursuing higher studies, to start business - Order of eviction passed by Appellate Authority restored...........
Rent and Eviction -- Rate of rent - Purchase of building by appellant not disputed - Erstwhile landlord issued a letter of attornment of tenancy indicating rent of Rs.3200/- p.m. addressed to tenant with a copy marked to the appellant - High Court held that this letter of attornment of tenancy was not sufficient to prove the monthly rent to be Rs.3200/- - Held, High Court..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application filed U.O.9.R.13 CPC - Stay application be heard and decided on merits prior to execution of warrants of possession so that defendant is able to prima facie put forth his case before being dispossessed in execution of..........
Civil Procedure Code, 1908, Section 10 -- Stay of eviction petition - Petitioners moved application u/s 10 CPC in an eviction petition - Eviction petition before Rent Controller is not a suit, provisions of S.10 CPC not applicable to eviction petition - Application rightly dismissed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction of daughter-in-law - Daughter-in- law has already availed her legal rights and remedies under the D.V Act and Rs.40,000 p.m granted to wife as maintenance - Said amount is already paid by respondents - There is no more conflict left between remedies available to daughter-in-law under..........
Rent and Eviction -- Landlord and tenant relationship - Transfer of leased out property - Transferee, in the absence of any contract to the contrary, shall possess all the rights of landlord - Attornment by lessee is not necessary for the transfer of property - Transferee becomes landlord of lessee - Jural relationship between landlord and tenant established. (Transfer of..........
Rent and Eviction -- Bona fide need - Landlord being unemployed required premises for establishing his own business to earn his livelihood - Nothing elicited from cross-examination of landlord to establish that his requirement for personal occupation for said purpose is not genuine and that it is only a ruse for evicting tenants - Even, nothing could be elicited to..........
