Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for eviction, possession, damages and mesne profits - Lease expired on 31.7.2020 - Clear and unequivocal admission about expiry of lease - Decree on admission allowed...........
Rent and Eviction -- Denial of relationship between landlord and tenant - Tenant claimed to be owner of suit property on basis of agreement of sale - Agreement of sale does not create a title in favour of purchaser which can be effected only in terms of S.54 of T.P.Act i.e by way of a registered sale deed - Recovery certificate rightly issued in favour of landlord...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of mother - Eviction of son and daughter-in-law - Mother despite owner of suit property was ousted out of it by son and daughter-in-law and was meted out with severe ill-treatment including mental, social and physical abuse by them - She categorically stated that living with petitioners..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Protection of tenant against eviction - Plea of alternative accommodation - Mere existence of other properties which are in fact denied by landlord would not enure to benefit of tenant in the absence of any pleadings and supporting material before Rent Controller to the effect that they are reasonably suitable for..........
Delhi Rent Control Act, 1958, Section 25B(5) -- Eviction petition - Leave to defend cannot be granted to tenant on mere asking...........
Delhi Rent Control Act, 1958, Section 25B(5) -- Eviction petition - Leave to defend - Defence set up by tenant is only a moonshine, as bona fide need of landlord is satisfied - Averments regarding alternative accommodation are vague and title of landlord cannot be questioned and embargo under Enemy property Act does not get attracted - However, High Court in its revisional..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of reply to the petition - Subsequent events - Eviction sought from a shop on ground of reasonable and bonafide necessity - Acquiring of residential premises during pendency of eviction petition - In view of nature of acquired property, application rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Subsequent event - Eviction suit - Reasonable and bonafide necessity of a landlord has to be seen on the date of institution of suit - However, subsequent event having material bearing on reasonable and bonafide necessity of landlord can be taken into consideration - But in the..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Tenant sought amendment by incorporating subsequent events occurred during pendency of appeal without specifying exactly when these alleged subsequent events have taken place - Subsequent event pleaded in application was not of such nature which obliterated the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23, 22 -- Eviction of son and daughter-in-law residing in self acquired property of senior citizens - Safety and security of senior citizens shall be in jeopardy unless son and daughter-in-law are evicted - Son is not expected to brand his aged father a `swindler' or then allege that aged parents..........
