East Punjab Urban Rent Restriction Act, 1949, Section 13, 13B -- Eviction petition - Leave to contest - U/s 13 of the Act, ejectment of tenant can be sought by landowner on various grounds specified therein - In petition u/s 13 of the Act, tenant is not required to seek leave to contest - Tenant is permitted to contest petition in accordance with law - Thus, eviction of..........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Suit for injunction filed by tenant - Tenant had continued in suit property for more than six years after determination of lease due to efflux of time by creating story about illegal threat of eviction by landlord - He instead of vacating premises filed suit for injunction..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv), Evidence Act, 1872, Section 114 -- Eviction petition - Refusal to adduce evidence - Adverse inference - Cardinal flaw in defence set up by tenant is that he refused to mount the box and give any evidence to corroborate with defence set up in written objection - It was rudimentary for tenant to..........
Rent and eviction -- Arrears of rent - Acceptance of arrears of rent from tenant or his representative does not create a new tenancy - Such acknowledgement can also not be treated as continuation of subsisting tenancy which was previously determined by a notice to quit and followed by decree of eviction...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Delay in payment of rent - Eviction petition - Tenant not complied the statutory requirement of deposit of admitted amount due along with interest as provided U.O.15.R.5 CPC on the ground that she is not in use and occupation of premises - Issue as to whether tenant is in use and occupation of property..........
Maharashtra Rent Control Act, 2000, Section 43(4)(a) -- Rent and eviction - Application for leave to defend filed by advocate - Tenant not filed affidavit within the mandatory period of 30 days u/s 43(4)(a) of the Act - Mere filing of application by counsel for tenant seeking leave to defend in absence of any affidavit of tenant held, not sustainable...........
Maharashtra Rent Control Act, 2000, Section 43(4)(a) -- Rent and eviction - Application for leave to defend filed by advocate - Tenant not filed affidavit within the mandatory period of 30 days u/s 43(4)(a) of the Act - However, application filed by counsel for tenant under his own signature within 30 days of service of summons - Advocate cannot initiate proceedings on..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - As per landlord, family of landlord comprises of 11 family members and accommodation in possession of landlord is only seven room - Even if contention of tenant were to be accepted that daughter-in-law petitioner occupying property are nine and landlord has only..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Tenant cannot dictate to landlord as to how landlord has to make use of available accommodation or how landlord has to adjust himself - Landlord who is having shortage of space cannot be asked to squeeze herself and her family in lesser accommodation merely to accommodate tenant...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Partnership Act, 1932, Section 19, 22 -- Eviction petition - Non-payment of rent - Assessment of provisional rent - Arbitration award relied upon by respondent it cannot be said that Arbitrator has determined rate of rent at Rs.8000/- per day - Moreover, landlady is not a party to arbitral award - Even..........
