Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Averments sought to be incorporated by way of amendment was already in the knowledge of tenant/petitioner at the time of filing of original reply and also prior to framing of issues - Reason given in the amendment application that it was due to inadvertence/over sightedness..........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Notice of eviction was duly received by defendant and suit was filed by plaintiff after lapse of 15 days from the date when notice of eviction was received by defendant - Landlord is entitled to eject tenant after giving him notice to quit unless tenant proves that he has a right to remain on the land..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Rent petition - Issues were framed in the year 2015 - Subsequently, witnesses of landlord were examined and even one witness on behalf of tenant had been examined by trial Court Application for framing additional issues filed at this stage that too after 8 years of framing of issues - All..........
Provincial Small Cause Courts Act, 1887, Section 15 -- Jurisdiction of Small Cause Courts - Eviction suit - When suit filed by landlord against tenant already stands decreed and opposite party claims to have acquired ownership of property in dispute through a sale-deed executed by its previous owner, adjudication of claim of opposite party becomes incidental to..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful disobedience of order of Supreme Court - Contemnor/tenant has not vacated the suit premises despite eviction order against him - Even after filing of contempt petition, peaceful possession was not delivered to landlord - Contemnor deliberately did not appear despite specific direction issued at least..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of LRs - Eviction suit - Tenant has no locus standi to aver as to who would be LRs of plaintiff/landlord - Said averment/objection if any can be raised by aggrieved LRs only...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of sisters of landlord - Estate of plaintiff/landlord would be represented by his first class heirs which undisputedly would be his wife, son and daughter - Tenant could not point out any provision of law which prescribes for sisters to be LRs even where first class heirs of a deceased..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Relationship between petitioner as erstwhile tenant and landlord not in dispute - Fixation of fair rent confirmed upto Apex Court - Hence, for recovery of fair rent, suit is filed which needs no further deliberation - Leave to defend rightly rejected...........
Joint tenancy -- Landlord is not supposed to implead all the tenants, and impleadment of one of tenants is sufficient and the decree passed against one joint tenant is binding upon all the joint tenants...........
Rent and Eviction -- Tenant who once entered property in question lawfully continues in possession after his right to do so extinguished, is liable to compensate landlord for such time period after right of occupancy expires...........
