Rent and Eviction -- Shop - Eviction on ground of personal necessity - Shop part of residential building but situated in a commercial area - Eviction order set aside. (East Punjab Urban Rent Restriction Act, 1949, S.13)..........
Tort -- Damages - Eviction proceedings filed but could not succeed - Held, where eviction proceedings filed by the landlord against the tenant is maintainable under the Rent Act but could not succeed it does not constitute a grand for an actionable tort for damages for abuse of legal process...........
Rent and Eviction -- Personal necessity - Landlord alongwith his four children and wife living in his brother's house at his mercy - Landlord wants to shift to the demised house which had fallen to his share in partition - Landlord's requirement of his house for personal necessity stands proved - Tenant ordered to be evicted. (East Punjab Urban Rent Restriction Act, 1949,..........
Rent and Eviction -- Sub-tenancy - One `N' called to join business after the death of his brother `S' to carry on the business on behalf of his minor nephew - `N' not put in possession of the premises in dispute exclusive - Does not mean that sub-tenancy has been created. (East Punjab Urban Rent Restriction Act, 1949, S.13)...........
Rent and Eviction -- Sub-letting - Mere acceptance of rent with knowledge or without knowledge or even acquiescence would not imply waiver of the condition of a written consent for sub- letting. (Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13)..........
Rent and Eviction -- Death of statutory tenant - His estate becomes heritable simultaneously by such of the heirs as are mentioned in Schedule I, who ordinarily were residing with him at the time of his death. (H.P.Urban Rent Control Act, 1987)...........
Rent and Eviction -- Death of statutory tenant - Widow and two sons ordinarily residing with him - They simultaneously inherited the tenancy rights - On the death of widow two sons continued to be tenants - Held, civil suit for possession is not maintainable against the two sons as they can be evicted by having recourse to the ejectment proceedings under the Rent Control..........
Rent and Eviction -- Appellate authority and High Court on an appraisal of evidence adduced by Engineer and Draftsman and reports of Commissioners appointed by them came to a conclusion that tenanted premises was unsafe and unfit for human habitation - Order of eviction passed cannot be disturbed by Supreme Court in the absence of any material in support of appellants..........
Transfer of Property Act, 1882, Section 106 -- Notice - Mere fact that additional amount towards water tax and house tax was claimed as part of rent which could not ultimately be proved, does not make notice invalid (U.P.Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, S.20(2)(a)...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- An interim injunction sought from interference in peaceful possession and enjoyment of suit premises till evicted under law - Plaintiff's brother was tenant against whom order of eviction passed - Plaintiff not made party to the eviction proceedings - Plaintiff failing to establish that he is in possession in his own right..........
