East Punjab Urban Rent Restriction Act, 1949 (As extended to the city of Chandigarh), 1974, Section 13B - - Eviction - NRI landlord - Leave to defend - Summary adjudication - Held, a summary adjudication in application to leave to defend is an intervention by a Court to see whether there exists something tenable for consideration and statutory provision providing for a..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Pleadings - Held, there is no proposition in law that there could be permission granted to landlord to plead for his personal necessity even without any pleadings - Strict rules of evidence may not be essential in rent control matters - If landlord spelt out his personal need for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Landlord had chosen not to file application for amendment setting out his own need - Whether such change of personal need could be brought through evidence without amendment of pleadings? - Held, no, if landlord had chosen not to file application for amendment setting out his own need..........
Rajasthan Rent Control Act, 2001, Section 15(8), 19, 20 -- Recovery certificate Execution of - Held, even if judgment of Rent Tribunal is accepted to have merged with that of Appellate Rent Tribunal for limited purpose of deciding finality of first judgment, restriction created for inexecutability of recovery certificate by sub-S.(8) of S.15 cannot continue to be extended..........
Transfer of Property Act, 1882, Section 58(f), 65A(e) -- East Punjab Rent Restriction Act, 1949, S.2 & 13 - Mortgaged property - Recovery of possession - Right of secured creditors - Bank has issued a notice to respondents to hand over physical possession of property - Bank has alleged respondents to be unauthorized occupants and has sought possession from them - Bank has..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Ejectment - Challenge to - Demised property required by landlord Company for its own use, occupation and expansion of business - Bona fide of landlord Company disputed by tenant by producing sale deed showing purchase of a new property - Said sale deed not in favour of landlord Company - Held, order..........
Rent and Eviction -- Pleadings - Held, pleadings in a rent case have to be construed liberally - There is no straight jacket formula which Courts have to follow while construing pleadings...........
Mines and Minerals (Regulation and Development) Act, 1957, Section 15(1), Andhra Pradesh Minor Mineral Concession Rules, 1966, Rule 12(5)(h)(xii) -- Determination of lease - Non-payment of dead rent by petitioner - Challenge against order on ground of non-receipt of show cause-notice - However, authority issued show cause notice via registered post but addressee unclaimed..........
Maharashtra Rent Control Act, 2000, Section 34(4) -- Revision - Instances of revisable orders enumerated...........
Maharashtra Rent Control Act, 2000, Section 34(4) -- Revision - Instances of orders which would not be revisable orders enumerated...........
