Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits during appeal - Eviction decree - Mesne profits can be at a rate higher than the provisional rent fixed during pendency of the eviction petition - Status of tenant after passing of the decree of eviction is unauthorized - Mesne profits fixed at Rs.10,000/- per month of a shop which was let out at a monthly rent..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits during appeal - Suit shop let out about 60 years back at a monthly rent of Rs.46/- - Shop situated on a main and oldest commercial Center of city of Jaipur - Since the commencement of the tenancy, monthly rent and price of immovable property has increased many fold - It is fit and proper to determine/fix the..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 21(1)(a) - - Eviction - Landlord sought release of disputed shop for benefit of his son who will start his business of electrical goods - Trial Court allowed petition - Appellate Court reversed order of prescribed authority on ground that in meantime, landlord got another shop..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 21(1)(a) - - Evictio, Comparative hardship - Landlord did not possess any other alternative accommodation in a vacant state - Nothing to show that tenant has made any attempt to find out any alternative accommodation - Held, issue of comparative hardship lean in favour of..........
Criminal Procedure Code, 1973, Section 468(2)(b), Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 18, 19 - - Complaint - Whether barred by limitation? - Tenant relinquished his tenancy rights by entering into written agreement dated 12.03.2005 and accepted consideration of Rs.2.00 lacs on that day and, therefore, he committed offence u/s.19(1) of..........
Delhi Rent Control Act, 1958, Section 25B, Civil Procedure Code, 1908, Order 37, Rule 4, Limitation Act, 1963, Section 5 -- Eviction proceedings - Bona fide need - Leave to defend - Condonation of delay - Recalling of order - Held, S.25B of DRCA which provides for summary trial of applications for eviction on ground of bona fide requirement is a code in itself - Rent..........
Transfer of Property Act, 1882, Section 114 -- Appeal against decree for eviction - Application u/s 114 of the Act for deposit of entire arrears of rent and release from forfeiture is not maintainable at the belated stage - Such application could only be filed at the initial stage of filing of the suit itself and as soon as the defendant is served with the summons...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1982, Section 11(1)(c) - - Tenancy - Eviction on ground of necessity - Held, the well settled principles of law is that the plaintiff is not only required to prove necessity but must also prove the necessity to be reasonable and in good faith - Mere desire is not sufficient...........
Civil Procedure Code, 1908, Order 20, Rule 12(1)(ba)(As - - Damages - Appellant who has taken the residential premises on rent put the landlady to an hazardous litigation and was also irregular in payment of rent - Held, it is a fit case for grant of damages where appellant having involved in frivolous and delaying litigation - Appellant is directed to pay damages to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - Transposition of one of respondents as 2nd petitioner - Effect - Held, mere transposition cannot avail to 2nd petitioner to contend that grounds required under law have been established - If 2nd petitioner as a co-owner of premises has any contention to urge that he requires premises, it has to be..........
