Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20, 5, 11(2)(b), Kerala Land Reforms Act, 1963, Section 2(57) -- Eviction petition - Arrears of rent and fixation of rent - There is neither denial of title of landlord nor claim of right of permanent tenancy so as to attract second proviso to S.11(1) of Rent Control Act - Plea of kudikidappu raised by tenants..........
Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, Rule 2016, 22(3)(1), (3)(4) -- Eviction - First forum in respect of eviction would be Deputy Commissioner/District Magistrate - However, challenge to the order of Deputy Commissioner/DM would lie before Divisional Commissioner...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7, Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, Rule 2016, 22(3)(4) -- Maintenance and eviction - In every order passed by initial forum, two sentences be added at the end of every order - For maintenance cases : "Present order would be appealable u/s 16 of the..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Eviction suit - Lease of premises is for purpose of manufacturing unit and as such it is alleged that suit ought to be filed before Commercial Court - However, relationship between parties is of landlord and tenant - Purpose of lease in between parties does not fall u/s..........
Delhi Rent Act, 1995, Section 14(1)(d) -- Eviction petition - Bonafide need - Application for leave to defend was dismissed - A mere vague plea which is not established on record cannot be basis for grant of leave to defend - In absence of a suitable alternative premises for landlord, due to existing premises having been sealed or partially demolished, bonafide need of..........
Rent and Eviction -- Res judicata - Aspect of res judicata does not apply when eviction is sought on ground of bona fide need. (Civil Procedure Code, 1908, S.11)...........
Rent and Eviction -- Tenant not vacating even after direction of Supreme Court while dismissing earlier SLP - Tenant abused the process of law in managing to remain in possession of the property in question - SLP dismissed with cost of Rs.50,000/- payable to D.H. - Tenant directed to vacate the premises with one month failing which D.H. shall be at liberty to initiate..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction petition - Respondent repeatedly filed vexatious suits and petitions against petitioners - Further respondent was attempting to make mockery of the very judicial system - In case litigants like respondent is permitted to achieve their objective in delaying execution of a decree passed by Court,..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30(2), Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Deposit of rent in Court - Tenant on the date when application U.O.9.R.13 CPC was filed, not deposited total amount of rent due u/s 30(2) of UP Act - Deposit of rent u/s 30(2) of 1972 Act cannot be treated to..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30(2), 2, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Deposit of rent in Court - Landlord claimed exemption of operation of 1972 Act - When S.30 of 1972 Act itself is not applicable to building, deposit of rent claimed to be made under the Act is wholly..........
