Transfer of Property Act, 1882, Section 106 -- Lease - Ejectment - Adjustment of advance paid - Compromise between parties that claim made by plaintiff in calculation so submitted before Court can be adjusted from amounts which have been paid by tenant directly to landlord and from amount deposited by tenant by Court - If this adjustment is to be made, then tenant entitled..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Landlord specifically pleaded that he has a young son who is idle and he wishes to settle him in premises in dispute - In such circumstances , it would not be appropriate to hold that bonafide requirement of landlord has come to an end - Need held bonafide...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Leave to defend - Tenant admitted that landlord is owner of property and there is a relationship of landlord and tenant between them - Tenant also admits that need of landlord is bonafide and that landlord does not have any other suitable accommodation available for his residence..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - Dismissal of application - As per landlord, wife of landlord does not get along with his mother and accordingly he wanted to shift his parents to tenanted premises so that they could live peacefully away from his wife - Admittedly, landlord has three rooms in his..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 6 -- Amendment of written statement - Dismissal of application - Eviction petition - Landlord passed away, petitioners being close relatives cannot plead ignorance of such fact and justify their inaction particularly when his legal representatives have already come on record - Factum of..........
Rajasthan Rent Control Act, 2001, Section 6, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Bonafide requirement - Application for amendment of written statement of tenant that after death of landlord the son has joined his business and so bonafide requirement for personal business of his son does not exists anymore - Since in instant case issues have..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioner sought his impleadment on the ground that shop in question was taken on rent by him as well alongwith tenant - However, averments on record not indicate relationship of landlord and tenant of shop in question between plaintiff and petitioner - Even bills sought to be..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 19(2) -- Rent and eviction - Re-entry - Tenant handed over possession to landlord/decree holder voluntarily and not by coercion or by process of law after appointment of a bailiff - Therefore, S.19(2) of the Act would not be applicable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Mere omission to make a pleading - Itself no ground to dismiss eviction application altogether, if otherwise, requirement is fulfilled in the evidence to be led from landlord`s side...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - Tenant able to show that a triable issue arises and that in affidavit in support of leave to defend pleaded facts which if proved would disentitle landlord from an order of eviction - Rent Controller erred declining to grant leave to defend - Leave to defend..........
