Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction - In a suit filed by appellants themselves they are admitting the fact that open land was given on rent and they have raised certain constructions and failed to prove permission by landlord regarding raising construction - Further, in earlier suit they themselves have admitted title of plaintiff/respondent..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction sought on ground of non-payment of rent - Provisional rent assessed by Rent Controller and date fixed for payment thereof - However rent not tendered on date fixed - Held, Rent Controller had no jurisdiction to extend time for purpose of tendering provisional rent as assessed without their being..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Spouses in the proceedings for maintenance do not truthfully disclose their true income and therefore some guess work on the part of Court is permissible - Court can take into consideration amongst others the following factors: (i) Life style of the spouse; (ii) The amount spent at the time of marriage and..........
Delhi Rent Control Act, 1958, Section 50 -- Appellate court reversed decree, holding that since parties are governed by landlord-Tenant relationship and rent of premises being below Rs.3500/-, suit for possession was not maintainable, in face of bar of jurisdiction, contained in S.50 of the Act, and that, only Rent Controller alone has jurisdiction to entertain suit -..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Shop - Bonafide requirement - Contention that landlord and his brother have no shop for earning their livelihood and that only source of income is rent which is very meager - Tenant contended that landlord and his brother already have two shops and they run their business of grinding spices and coaching - No triable issue..........
Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 2(vi) -..........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(1)(h) - - Eviction - Personal requirement of landlord - Held, it is a well settled law that the landlord is the best judge of his requirement and if a landlord desires to beneficially enjoy his own property, his requirement cannot be termed as unreasonable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(1) -- Provisional assessment of rent - Rent not tendered as assessed - Counsel for tenant contended that time for deposit of arrears may be extended as he could not inform tenant about the order of Rent Controller - No evidence to make prima facie inference that tenant could not be informed by counsel - No action..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition u/s 13-B of the Act - Tenant not seeking leave to defend within 15 days of service - Landlord seeking eviction - Eviction petition dismissed on the ground that tenant filed application u/s 13-B of the Act by including those grounds also which are available for an application u/s 13 of the Act -..........
Transfer of Property Act, 1882, Section 107 -- Rent received after termination of tenancy - Can be taken as charges towards use and occupation because after all a tenant is bound to pay charges till he vacates the tenanted premises...........
