Slum Areas (Improvement and Clearance) Act, 1956, Section 19, Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Plea of tenant that permission u/s 19 of the Act has not been obtained, hence, landlord cannot maintain eviction petition - Held, not sustainable as provisions of Slums Areas are not applicable to application brought u/s14(1)(e) of Delhi Rent..........
Delhi Rent Control Act, 1958, Section 13, 14 -- Eviction petition - Maintainability - Relationship between parties exists of landlord and tenant - Landlord has shown that he has a better titled than tenant - Landlord entitled to maintain eviction petition...........
Rent and Eviction -- Landlord and tenant relationship - Family settlement - Owner of property made a settlement in favour of his son - Title thus acquired, in any event, cannot be called in question by the person who is in occupation of the premises as a tenant when owner who admitted was his landlord did not continue to claim to be the landlord - In view of provision of..........
Rent and Eviction -- Bona fide need - Landlord doing wholesale business of cloth - Landlord, his wife and two children experiencing hardship - Tenant, if evicted, will face hardship - However, hardship faced by landlord would be greater if the premises is not released to the landlord...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Eviction petition - Amendment sought does not change nature of petition or relief that is being sought - There is a delay on part of tenant/petitioner in moving application for amendment but amendment as sought could not be declined..........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 97, 99, 100 -- Execution - Eviction decree - Third party objection - No privity of contract between DH and appellant with regard to tenancy in respect of disputed shop - Relationship between lessor and lessee between DH and JD was established - Appellant is a third ranked party in respect of landlord-tenant..........
Rent and Eviction -- Bonafide necessity - Landlord has taken a specific ground that he along with his son intend to shift from shop where they are running their business of mobile repair portion FGHI which is a part of BCDEFIH to shop which was in possession of tenant marked as YYZZ - Further, landlord wishes to shift his business of mobile repair to premises in question..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Leave to defend - Rent Controller committed grave error in declining to grant leave to defend to tenant and in holding that no triable issue arises - Affidavit filed by petitioner in support of leave to defend application raises triable issues and tenant has been able to show facts..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Fixation of mesne profits - Once ejectment of tenant is directed landlord is not bound by contractual rate of rent effective for period preceding date of decree - Tenant is liable to pay mesne profits or compensation for use and occupation of premises at same rate at which landlord would have..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Dismissal of application - Eviction petition - Close scrutiny of cross examination conducted upon landlord and his witness nowhere suggests that tenant was able to establish on record that verandah was extended by landlord after commencement of trial and even after filing of application for..........
