Presidency Small Cause Courts Act, 1882, Section 41, Civil Procedure Code, 1908, Section 9 -- Dispute between landlord and tenant - Jurisdiction of civil Court - Whether it is suit between licensor and licensee or between landlord and tenant, such types of suits fall u/s 41 of Small Causes Courts Act - Civil Court thus, has no jurisdiction over such cases...........
Rajasthan Rent Control Act, 2001, Section 6 -- Revision of rent - S.6 of the Act empowers landlord to obtain revision of rent and to calculate rent from date of initiation of tenancy - But in the event landlord does not choose to invoke machinery of revision of rent as provided in S.6 and S.14 of the Act, agreed rent between parties shall not automatically be changed nor..........
Rajasthan Rent Control Act, 2001, Section 6 -- Revision of rent - Tenant paying rent as agreed between parties before commencement of Act and even after commencement of Act - Landlord cannot claim revision of rent as per agreement @ 10% p.a after enforcement of Act - Observation of High Court that landlord was entitled to rent as was payable on date of commencement of Act..........
Rajasthan Rent Control Act, 2001, Section 9 -- Eviction - Default in payment of rent - Tenant not paying rent as agreed between parties - Landlord demanded arrears of rent for seven months - Landlord having not added 10% increase in rent demanded, there was no breach of S.6 of the Act - Tenant having not paid arrears of rent as demanded by landlord, held, rightly evicted..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional assessment of rent - Denial of relationship of landlord and tenant - When relationship of landlord and tenant is denied, Rent Controller is not required to make provisional assessment of rent payable by tenant or to give opportunity to tenant to pay rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Denial of relationship of landlord and tenant - Plea that denial of relationship of landlord and tenant on the part of tenant was bona fide and therefore he be allowed to tender rent at this stage - Tenant cannot be allowed to tender rent at this stage - Order of eviction, upheld...........
Agreement to sell -- Agreement with tenant - Jural relationship of landlord and tenant - Such question has to be decided by keeping in view S.111 of Transfer of Property Act and intention of parties - None of the nine conditions of agreement intended to surrender tenancy rights - Tenancy remained unaffected notwithstanding execution of agreement to sell - Landlord is..........
Rent and Eviction -- Bona fide requirement - Landlord a retired man, has every right to live in his house, with his family - Tenant rightly evicted...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Relationship of landlord and tenant - Landlord filed rent receipts - Tenant cannot now deny ownership of landlord...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Landlord has not to prove absolute ownership as under Transfer of Property Act - He has to prove only his title is better than that of tenant - Once tenant has attorned in favour of landlord then u/s 116 of Transfer of Property Act tenant is estopped from challenging title of..........
