Rent and Eviction -- Bona fide need - Landlord being unemployed required premises for establishing his own business to earn his livelihood - Nothing elicited from cross-examination of landlord to establish that his requirement for personal occupation for said purpose is not genuine and that it is only a ruse for evicting tenants - Even, nothing could be elicited to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Previous suit filed for eviction was dismissed - Plaintiff filed subsequent suit for getting vacant possession of suit house and damages claiming himself as a title holder of suit house - No title was claimed in previous suit, thus whether the plaintiff was title holder or not was not involved directly and indirectly..........
Rent and Eviction -- Bona fide requirement - Notice by landlord to increase the rent - Notice has nothing to do with bonafide requirement when landlord is statutorily prohibited from increasing the rent...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Protection of Women From Domestic Violence Act, 2005, Section 17, 19, 26 -- Property of senior citizen - Eviction of daughter-in-law - Shared household - Daughter-in-law has been living in house in question in domestic relationship with mother-in-law - Nothing at all is pleaded that mother-in-law..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of eviction petition - Landlord by way of amendment sought additional prayer to the effect that vacant possession of suit property may be handed over to him - Such additional prayer will only clarify prayer clause of landlord without any prejudice to tenant - Application allowed...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Purpose and object of O.15.R.5 CPC is to ensure that after determination of lease, while tenant is occupying the suit property during pendency of eviction proceedings, landlord must not be deprived of rent qua said period as it would cause undue loss to him...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction petition - Petitioner disputed the title of landlords - If a dispute is raised by a person qua title of landlord, appropriate remedy available to such person would be before a civil Court - He would be precluded from being impleaded as a party U.O.1.R.10 CPC in an eviction petition to claim..........
Rent and Eviction -- Mesne profits - Date from which payable - After passing decree of eviction tenancy terminates and from the said date landlord is entitled for mesne profits or compensation depriving him from the use of premises...........
Rent and Eviction -- Mesne profits - Determination - Basis of determination of amount of mesne profit depends on facts and circumstances of each case considering place where property is situated i.e village or city or metropolitan city, location, nature of premises i.e commercial or residential area and rate of rent precedent on which premises can be let out are guiding..........
Rent and Eviction -- Mesne profits - Determination - Applicability of Old or New Act - As per the provision in New Act, suit or proceeding, if any, pending on the date of notification issued by State Govt. for applicability of the New Act such proceeding would continue under the Old Act and New Act has no application - Since suit was filed under the Old Act as such New Act..........
