Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte order - Setting aside - Eviction suit - Summons were duly served to tenant - Tenant had been appearing in proceedings since the year 2017 - But since Nov 2018 till June 2019, tenant did not come for further progress of case and opted to remain absent from dates fixed..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 8(5), 25 -- Suit for eviction - Grant of eviction decree - Challenge as to - There is wilful default in payment of rent by tenant - Landlord/owner clearly established need of premises for his own use and occupation as he had some physical ailment - Landlord clearly making out grounds for eviction - Therefore,..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Eviction petition - Non-payment of rent - Once it is admitted that landlady has not issued any receipt and admittedly for past 25 years tenant has been continuously in possession of said premises, in absence of account maintained by landlady and also in absence of issuing receipt, landlady has to..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Eviction petition - Non-payment of rent - Wilful default - Notice before filing a petition for eviction on ground of willful default is not mandatory - Landlord can file a petition for eviction u/s 10(2)(1) of the Act directly without giving notice - However, when landlord issues a notice under..........
Rajasthan Rent Control Act, 2001, Section 20(3) -- Eviction petition - Default in payment of mesne profit - Issuance of recovery of possession certificate - Tenant not deposited amount of mesne profit - Tenant is required to continue to pay mesne profit to landlord and arrears of mesne profit - If tenant does not vacate commercial premises within three months from date of..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 8(5) -- Suit for eviction - Wilful default in payment of rent - Subsequent payment - Not an excuse - Tenant cannot be relieved from consequences of wilful default prior to filing of eviction merely because he paid arrears subsequently...........
Constitution of India, 1950, Article 226, 227 -- Eviction order - Writ petition - Unauthorised possession - Landlord approached Deputy Commissioner only with a complaint to register a case against tenant for being in unauthorized possession of house in question and irregular payment of rent - However, Deputy Commissioner in his over enthusiasm and presumably in an effort..........
Rent and Eviction -- Rent deed - Registration - Rent payable monthly - There is presumption that tenancy is monthly tenancy - From cumulative reading of rent note the intention of tenant is more than clear that tenancy was only monthly tenancy, which could have been terminated on default of payment of rent by 5th day of any month or by notice of one month - Rent deed did..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32, 56, Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Suspension of payment of rent - Due to COVID-19 lockdown - There is no rent agreement or lease deed between parties and hence S.32 of Contract Act has no applicability - Even, case is governed by provisions of Delhi Rent..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12(3) -- Rent and eviction - Arrears of rent - Non-deposit of admitted arrears of rent - No separate notice required to be issued to tenant to enable him to show sufficient cause for not depositing admitted arrears of rent - As on date stipulated for effecting such payment by virtue of order passed u/s 12(1)(2)..........
