Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Eviction suit - Where tenant admitted the relationship of tenancy and period of lease agreement but resisted landlord's claim by setting up a defence plea of agreement to sale and also filed suit for specific performance, which of course is contested by landlord, such issues arising between parties..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13 -- Eviction of tenant - Objection with regard to applicability of rent act - When petition was first withdrawn on non applicability of rent act, tenant had no objection in the event of fresh civil suit being filed and has not raised any specific plea that demised premises as per provision of S. 1(3)..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Personal necessity - Second eviction petition - Maintainability - Held, under Rent Act, ground of bona fide requirement or no, payment of rent is a recurring cause - Therefore, landlord is not precluded from instituting fresh proceeding - Genuineness of bona fide requirement is to be decided on basis of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Succession Act, 1925, Section 216, 273 -- Grant of letters of administration - Defective suit - Rectification - Letters of Administration granted to "S" as constituted attorney of "A" - "A" was the named executor in last will and testament of deceased - Eviction suit filed by "A' held defective as filed by wrong person - Held,..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Eviction suit on grounds of bonafide necessity dismissed in default - Application for restoration of suit also dismissed in default - Held, cause of eviction on ground of bonafide necessity being recurring, provision of O.9.R.9 CPC has no applicability - Landlord can file fresh suit for eviction on ground of bonafide..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 18 -- Eviction suit on grounds of bonafide necessity dismissed in default - Application for restoration of suit also dismissed in default - Held, cause of eviction on ground of bonafide necessity being recurring, provision of O.9.R.9 CPC has no applicability - Landlord can file fresh suit for eviction on ground of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Eviction from shop on ground of personal necessity - Amendment sought to add need of son - Bona fide need of dependents of a landlord is bona fide personal need of landlord himself - Landlord is at liberty to file a fresh suit on ground of necessity of his son - Amendment is to be allowed when landlord is..........
Delhi Rent Control Act, 1958, Section 3(c), 8, 14(1)(e), Civil Procedure Code, 1908, Order 23, Rule 1 -- During pendency of eviction petition rent increased u/s 6-A of the Act after issuing notice u/s 8 of the Act - Rent exceeded Rs.3500/- p.m. - S.3(c) of the Act will come into operation - Rent Act will not remain applicable - Landlord has a right to withdraw eviction..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Eviction petition - Earlier suit filed on plea that it is governed by Transfer of Property Act as right of lessee stood determined by efflux of time - Defendant took plea of monthly tenancy and that tenancy law is applicable and not TPA - Plaintiff accepted plea of monthly tenancy and sought to file a..........
Transfer of Property Act, 1882, Section 116 -- Tenant holding over - Suit for eviction filed - Landlord withdrawing suit with liberty to file a fresh suit - No inference can be drawn that landlord assented to creation of new tenancy...........
