Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Mere mentioning by any of parties in sale deed or in rent deed that property is situated outside municipal limits would not change effect of legal provisions applicable upon parties and that there should be no estoppel against the law...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - To be allowed by taking into consideration certain parameters which included food, clothing, shelter, medical expenses, rent and other out of pocket expenses...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Revenue entries qua tenancy of plaintiff and his payment of rent - Corrected by competent revenue authorities in favour of defendant and even appeal filed by plaintiff against order of revenue authorities has been dismissed by competent statutory appellate authority - Plaintiff cannot claim to be in..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Summoning of third party - Eviction suit - Tenant sought reopening of his evidence and summoning of third party as his witness - There is an allegation that there has been default in payment of rent - It is for tenant to prove that even if there is a default, it is not willful - Tenant is to establish his..........
Rent and Eviction -- Lease or licence - Lease agreement for a period of five months - Duration of lease makes it apparent that it was a licence and not a lease...........
Rent and Eviction -- Nuisance - Concurrent finding of facts by three courts that tenant has caused nuisance by carrying on his business beyond the permissible area and in violation of the conditions of lease - Definition of nuisance in S.12(1)(c) of Madhya Pradesh (Accommodation and Control) Act, 1961 is wide enough to take the conduct of tenant within its ambit which was..........
Delhi Rent Control Act, 1958, Section 44(3), Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Landlord duty to keep premises in good repair - Admittedly, notice in writing given by tenant and same was withdrawn - Tenant has thereafter, filed present petition u/s 44 of the Act - As long as premises have remained un-inhabitable/unusable, cause of action would continue to..........
Rajasthan Rent Control Act, 2001, Section 3(viii) -- Exemption to trust from applicability of Chapter II & III of the Act - On basis of material on record, decision taken by State Government in granting exemption to premises of respondent trust from applicability of provisions of Chapter II & III of the Act cannot be faulted with...........
Hindu Law -- Premises on rent - Even if a male member takes premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing business for and behalf of Joint Hindu Family...........
Hindu Law -- Joint Family business - Payment of rent by great grandfather or by grandfather of plaintiff raises no presumption that it was a joint Hindu Family business...........
