East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent - Once a tenant fails to comply with provisional rent as assessed by Rent Controller nothing remains to be done but an order of eviction has to follow - In case tenant is not happy with assessment of rent of provisional rent, he has a remedy of challenging the same but must..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 2(c), 13 -- Eviction petition - Material impairment - Impleadment of Haryana Wakf Board as party and owner of property - Pleadings show that tenant admitted to have taken disputed premises on rent from landlord itself and has not raised any objection regarding Haryana Wakf Board being owner - There was no..........
Delhi Rent Control Act, 1958, Section 15(7) -- Striking off defence - Failure to deposit arrears of rent as directed by Rent controller - Power to strike out defence vested in Rent Controller is discretionary and not mandatory and depends on contumacious or deliberate default and must be construed harmoniously so as to balance rights and obligations of tenant and landlord..........
Delhi Rent Control Act, 1958, Section 15(7) -- Striking off defence - Failure to deposit arrears of rent as directed by Rent controller - Entire arrears as directed to be deposited by tenants stood paid on date of order passed by Rent Controller striking out his defence and even beyond had been paid - Charge of contumacious failure and deliberate default in making payment..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14D, 25(b)(4) -- Rent and eviction - Leave to defend - Two applications - Both applications are identical - Merely because tenant has filed another application which is identical to first application does not render his first application redundant - Rent Controller committed error in reviewing its earlier order and recalling..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent - It is specific case of tenant that shop in question was mortgaged by landlord with mortgagee - Mortgage deed executed by landlord in favour of mortgagee has been duly admitted by landlord - Tenant is not proved to be in possession of shop let out to him and relationship of..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Leave to defend - Perusal of record shows that bonafide need projected is that landlord does not have enough income for meeting expenses of family and to augment income, wives of landlord want to start a new business - However, no material placed on record by landlord to show that..........
Maharashtra Tenancy and Agricultural Lands Act, 1948, Section 32F(1)(a) -- Right of tenant to purchase land - Words `of fact that landlord has attained majority..' used in S.32-F(1)(a) of the Act - S.32-F(1)(a) of the Act, referred to three categories of landlords i.e minor, a widow, or a person subject to any mental and physical disability - Words added by 1969 amendment..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 11, 12(3)(b) -- Rent and eviction - Arrear of rent - Declaration suit has resulted in a compromise - Parties have filed before Court consent terms - Despite consent, tenant applied for having standard rent fixed - Said application was dismissed - Trial Court rightly held that application is not..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Non payment of rent - Tenant is unable to deny that in written statement filed by tenant relationship of landlord and tenant between parties - Tenant admitted that he is a tenant of demised premises under landlord at rate of Rs.280/- p.m as rent - Therefore, tenant cannot derive any..........
