Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Eviction petition - Amendment reflect that only substitution sought is introduction of rent agreement showing that property leased to father of tenant by grandfather of husband of tenant - Amendment sought does not change nature of eviction..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Eviction petition - Amendment would reflect only substitution sought is introduction of a rent agreement showing that property had been leased to father of tenant - Amendment sought does not change nature of eviction petition - Landlady is still..........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 97, 99, 100 -- Execution - Eviction decree - Third party objection - No privity of contract between DH and appellant with regard to tenancy in respect of disputed shop - Relationship between lessor and lessee between DH and JD was established - Appellant is a third ranked party in respect of landlord-tenant..........
Delhi Rent Control Act, 1958, Section 14(1)(j) -- Eviction order - Subletting - Subletting is clearly proved by testimony of PW1, who has stated specifically that tenant is living in premises along with his wife and son - Testimony has gone un-rebutted, as both tenant and alleged sub-tenant chose not to appear before Rent Controller or to lead any evidence - Un-rebutted..........
Rent and Eviction -- Bonafide necessity - Landlord has taken a specific ground that he along with his son intend to shift from shop where they are running their business of mobile repair portion FGHI which is a part of BCDEFIH to shop which was in possession of tenant marked as YYZZ - Further, landlord wishes to shift his business of mobile repair to premises in question..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Leave to defend - Rent Controller committed grave error in declining to grant leave to defend to tenant and in holding that no triable issue arises - Affidavit filed by petitioner in support of leave to defend application raises triable issues and tenant has been able to show facts..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Fixation of mesne profits - Once ejectment of tenant is directed landlord is not bound by contractual rate of rent effective for period preceding date of decree - Tenant is liable to pay mesne profits or compensation for use and occupation of premises at same rate at which landlord would have..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Dismissal of application - Eviction petition - Close scrutiny of cross examination conducted upon landlord and his witness nowhere suggests that tenant was able to establish on record that verandah was extended by landlord after commencement of trial and even after filing of application for..........
Rent and eviction -- Employer and employee relationship - Once there is employer-employee relationship, question of landlord-tenant relationship does not even arise - In case employee ceases to be in employment, premises are liable to be vacated...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent/provisional rent - In case tenant does not deposit rent so determined on or before first hearing of application for ejectment, he is entitled to be evicted on ground of non-payment of rent/provisional rent determined by Rent Controller...........
