Civil Procedure Code, 1908, Section 21 -- Jurisdiction of civil Court - Rent proceedings - By virtue of S.21 of the Act, provisions of CPC apply to Rent Tribunal only to the extent expressly permitted and Rent Tribunal not being a civil Court, cannot have its proceedings mechanically equated with a civil suit...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Petitioners have instituted two civil suits seeking specific performance of distinct agreement to sell pertaining to two separate portions of property in question - Whereas respondents during pendency of said suits seeking possession of same premises filed eviction petition before Rent Tribunal - Questions..........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Plaintiff failed to file any document such as a lease deed, rent agreement or any contemporaneous written acknowledgement to establish even a prima facie contractual tenancy - Mere production of a single entry from statement of accounts is insufficient to justify directing defendant..........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Parties are not ad idem on even foundational facts necessary to invoke O.39.R.10 CPC - Provision can be applied only where defendant admits either relationship or liability to pay a particular amount - However, there is no such admission and rather very nature of transaction,..........
Rent and Eviction -- Fixation of rent - Challenge as to - Lessee challenged the fixation of fair rent but did not seek a stay of its operation before appellate or revisional fora - Mere filing of an appeal does not operate as a stay of decree/order under appeal is the statutory ordainment in O.41.R.5 CPC - Payments were made belatedly and only after protracted litigation..........
Rent and Eviction -- Finality of a judicial decision - Judicial decision attains finality if immediate next superior forum is not approached by the party suffering the decree/order of the Court seized of the lis - However, finality of a judicial decision would have no applicability in a situation where a party, despite owing money (unpaid rent, here) to his adversary in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of rent petition - Typographical error - Nature of amendment is not substantive but in fact is corrective in nature therefore, amendment cannot be rejected on this ground alone - Typographical mistake/correct provisions of law can always be placed before Court as they do not lead to any dispute on facts and they do..........
Transfer of Property Act, 1882, Section 107 -- Lease - Renewal of lease - Lease involved is perpetual lease with a clause of renewal on expiry of lease period - Renewal of lease means creation of new lease which creates a fresh right and obligation between contracting parties - Thus, once a renewed lease comes within scope of S.107 of the Act, such a lease can be made only..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction suit - Defendants had evaded to pay rent for rented premises since June 2013 to landlord so, this fact itself create cause of action - Fact that plaintiff holding title of ownership or not is the matter require deep evaluation by further evidence which will have to be adjudicated at the..........
Rent and Eviction -- In a suit for eviction, proof of ownership of tenanted premises is not to be strictly looked at as in a suit for declaration of title...........
