Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 62, 64 -- Suit for possession by landlord - Plea of limitation by tenant on basis of notice served by landlord in proceedings before Reference Court - Notice not produced by tenant in suit for possession either in form of primary evidence or secondary evidence..........
Transfer of Property Act, 1882, Section 111 -- Suit for possession by landlord - After expiry of lease, merely not choosing right to seek possession in terms of lease deed, does not foreclose rights of lessor as owner of property...........
Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111 -- Suit for possession by landlord - Failure of tenant to prove forfeiture of tenancy prior to expiry of lease period - Mere non-payment of rent does not amount to forfeiture of tenancy - However it only confers right on landlord to seek possession - Landlord filing suit within 12 years..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30 -- Eviction suit - Dismissal of suit - Non-payment of rent - Provisions of the Act are not applicable on suit property therefore, deposition of rent by tenants u/s 30 of the Act has no legal consequences and non-payment of rent to landlord despite demand of rent thus, tenants..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Third party objection - Execution of decree - Appellant filed objection in execution proceedings claiming that he was not impleaded as party though was tenant in shop thus order of eviction not binding on him - Appellant miserably failed to prove relationship of landlord and tenant..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b) -- Eviction petition - Arrears of rent - Landlord had issued notice to tenant demanding him to pay arrears of rent - Despite issuing reply notice, tenant not paid admitted arrears of rent - Tenant rightly evicted...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - As per landlord, his brother is depending on them - Brother needed shop rooms to start a ready-made garments business - Brother was employed abroad has returned to India for good and he proposes to start business - Even, brother gave evidence in line with averments in..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - It is not for tenant to dictate choice of landlord in deciding proposed business...........
East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - Subsequent petition filed by a co-owner after availing right by filing a previous petition and successfully getting order of eviction u/s 13-B of the Act is debarred from filing fresh petition u/s 13-B of the Act...........
East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - NRI cannot exercise right u/s 13-B of the Act for more than one building of each category...........
