Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Cease to occupy for more than four months - Tenant continued to pay rent - Payment or receipt of rent by a tenant or a landlord, does not amount to condonation of a disqualification incurred by the tenant against retention of possession of the let out premises - Evicted granted...........
Civil Procedure Code, 1908, Section 47 -- Execution of eviction petition - Objections - Petitioner claiming herself to be owner on the basis of unregistered will - Will not seen the light of day for more than 20 years - Eviction order was passed in the year 1981 but objections filed in 1996 i.e. after 15 years - Such unregistered will can be prepared at any time in order..........
Rent and Eviction -- Sub letting - Law as to - Legal position summarised : (i) In order to prove mischief of subletting as a ground for eviction under rent control laws, two ingredients have to be established, (one) parting with possession of tenancy or part of it by tenant in favour of a third party with exclusive right of possession and (two) that such parting with..........
Rent and Eviction -- Sub letting - Partnership - The thrust is to find out as to who is in legal possession of the premises - So long as the legal possession remains with the tenant the mere factum of the tenant having entered into partnership for the purpose of carrying on the business in the tenancy premises would not amount to sub letting...........
Rent and Eviction -- Sub letting - Pleading and proof - Partnership when drawn to conceal the real transaction of sub letting then Court is required to tear the veil of partnership to find out the nature of transaction entered into by the tenant - Held, in such circumstances the evidence let in by landlord cannot be ignored on the ground that there is some variance between..........
Rent and Eviction -- Sub letting - Pleading - Sub letting may be outwardly a deceptive arrangement and landlord may not come to know of true facts - Held, pleadings in such matters ought not to be construed too technically - True test is to see whether the other side has been taken by surprise or prejudiced...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Section 11 -- NRI landlord - Eviction petition on ground of bona fide requirement filed by NRI u/s 13(3)(a)(i) and not u/s 13-B - Petition dismissed - Fresh petition u/s 13-B of the Act is not barred...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Maintainability of eviction petition after the property is acquired by HUDA - Relationship of landlord and tenant between the parties cease to exist for all intents and purposes and authorities under the Rent Act become functuous officio - Held, eviction petition is not maintainable...........
Rent and Eviction -- Eviction petition - Bonafide requirement - Subsequent events - In an eviction petition relevant subsequent events should be duly considered...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Additional evidence - Sought to be produced at the stage when petition was fixed for arguments - Such evidence not produced at the earlier stage - Tenant some what negligent - By itself not sufficient to negate the prayer - Copies of plaint and written statement in earlier suit..........
