Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Change of user - Held, if landlord had let property for residential use only and moment Court finds that tenant's contention that it is no, residential property is not correct then there is a ground established for eviction that tenant is guilty of change of user - Eviction proper - Petition..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Eviction - Ex parte order - Execution proceedings - Objection taken by petitioner/tenant that he was not served in main eviction petition - Tenant was in fact proceeded ex-parte way back on 04.04.2006 - After a long time eviction order was passed against him - Held, it is not believable that tenant..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Eviction - Execution proceeding - Tenant's plea that landlord/decree holder is not his landlord and thus eviction petition was not maintainable - Held, challenge to maintainability of proceeding itself can be made in main ejectment proceedings and not in execution application - Executing Court cannot..........
Transfer of Property Act, 1882, Section 114, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 30 - - Eviction - It is admitted by parties that Act of 1972 is not applicable to accommodation in question - Held, question of giving any benefit of deposit made u/s.30 thereof cannot arise - Such benefit cannot be extended to tenant..........
Transfer of Property Act, 1882, Section 114, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 30 - - Eviction - Invalid notice - Notice determining tenancy was given through manager of institution - It was not signed both by President and Manager as required under bye-laws of institution - Held, notice is invalid one and,..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 16(4), Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Rule 14 - - Eviction - Order passed under old Act of 1947 - Held, a decision made under old Act of 1947, even if not given effect to, can be enforced u/s.16(4) and (5) of Act of 1972 -..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 21(1)(a) - - Eviction - Bona fide need - Release application - Valuation of property - Held, not relevant for deciding release application...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 21(1)(a), Civil Procedure Code, 1908, Order 6, Rule 17 - - Eviction - Bona fide need - Release application - Amendment in written statement sought on ground that tenants tried to search other alternative accommodation, however, they could not get appropriate accommodation -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Execution proceedings - Objections - Contention of appellant/tenants that ejectment order cannot be executed against them as they were not parties to ejectment order - Further, objections filed by them were dismissed summarily by Courts below without granting opportunity of leading evidence to..........
Rent and Eviction -- Relationship of landlord and tenant - Only basis on which plaintiff himself seeks to introduce himself in present lis is the Agreement to sell which document is neither registered nor properly stamped - Executor of said agreement to sell has denied his signatures on said document - Held, same cannot furnish any basis t present plaintiff for claiming..........
