Civil Procedure Code, 1908, Section 151, Order 18, Rule 1 -- Right to begin - Eviction suit - When basic ground of eviction sought for is default in payment of rent, it would always be plaintiff/landlord who should lead evidence first - Denial on the part of defendant is strictly a defence that they have taken and to prove the same it is not required for defendants to lead..........
Transfer of Property Act, 1882, Section 116 -- Lease - Tenant at sufferance - Tenant admitted that he did not pay rent to plaintiff till the filing of suit - However, plaintiff refused to receive rent as defendant committed default in payment of enhanced rent @ Rs.4,000 pm - Defendant cannot claim the status of tenant holding over - He can be termed as a tenant at..........
Rent and Eviction -- Death of landlord pending suit - Plaintiff No.2 came on record as LR based on testament - Even, in the absence of testament plaintiff No.2 being one of LR of deceased plaintiff No.1, can continue the suit against tenant for eviction...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Secured asset - Tenant in secured asset - Respondent claimed he was a tenant in the secured asset from 1987 - However, he was unable to place on record any rent receipt, tax receipt or electricity bill evidencing continued occupation of premises prior to..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared Household" - The provisions ensure that the victims are provided financially as well as protection from being ousted from their "Shared Household" where the victim is residing, victim can even seek alternate accommodation, or direction to pay rent of the alternate accommodation - The victims right..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Computation of income of spouse - Deductions - Deductions such as house rent, electricity charges, repayment of personal loans, premiums towards life insurance, or EMIs for voluntary borrowings do not qualify as legitimate deductions for this purpose - These are considered to be voluntary financial..........
Transfer of Property Act, 1882, Section 106 -- Lease - Termination - Failure to vacate premises by tenant - Damages - Damages would come into effect only after expiry of tenancy period i.e. after 7 years in terms of Rent agreement - Thus, damages per day from date of filing of suit may not be sustainable - Tenant shall pay sum of Rs.1,25,000 as monthly rent for remaining..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Application should be moved on the first hearing - Since tenant was obligated to pay rent through pendency of proceedings as such an application U.O.15.R.5 CPC would be maintainable even at a belated stage...........
Rent and Eviction -- Bonafide requirement - Bona fide requirement for occupation of landlord includes the requirement of family members...........
Rent and Eviction -- Bonafide requirement - Landlord died during pendency of proceedings - In the absence of any denial to facts that son of landlord is crippled and has no other source of income or any other business, his need is clearly established - Moreover, tenants who own several businesses have managed to cling on the premises for last 63 years even after expiry of..........
