Contempt of Courts Act, 1971, Section 2(b) -- Wilful disobedience - Eviction decree - Appeal to Supreme Court - Interim stay granted - Contemners attempting to enforce decree contrary to order of Court - Stand taken in reply to show cause notice pervaricating - Explanation that tenant did not produce certified copy of order - Not satisfactory to mitigate charge made..........
Rent and Eviction -- Bona fide personal necessity - Concurrent findings by lower Courts that personal requirement bona fide - Question of bona fide personal requirement is a question of fact - High Court correct in not interfering with eviction orders of lower Courts - Comparative hardship also in favour of landlord - Eviction order justified. (Rajasthan Premises (Control..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 4(b) -- Rent & Eviction - Fair rent - Building constructed in 1962 and let out in 1975 - Agreement for rent existed between landlord and tenant - Landlord seeking fixing of fair rent at the market rate - Not tenable - Agreed rent should be taken as base and increase should be determined according to formula..........
Rent and Eviction -- Bona fide requirement - 27 members of landlord's family having 13 rooms - Concurrent finding of all lower Courts that premises in question required for bona fide need of landlord and comparative hardship also decided in favour of landlord - Eviction order warrants no interference. (Rajasthan Premises (Control of Rent and Eviction) Act, 1950, S.13(1)...........
Rent and Eviction -- Title of landlord - Denied by tenant - Held, tenant by merely denying the relationship of landlord and tenant cannot avoid eviction proceedings - Rent Controller can go into title of landlord incidentally while deciding petition for eviction and grant relief of eviction - Final determination of title could be left for decision of competent Court...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 -- Administrative Tribunal Act, 1985 - Order of Eviction - Remedy - Lies under the Act - Administrative Tribunal has no jurisdiction into the matter...........
Civil Procedure Code, 1908, Order 20, Rule 12(1) -- Once the Court comes to finding that landlord is entitled to possession by executing the decree of eviction, the Court has discretionary power to pass the decree directing the enquiry into future mesne profits also...........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 12(3)(a) -- Arrears of rent - Tenant did not comply with demand notice duly served on him - Tenant having failed to make payment of rent within a period of one month from the receipt of notice, landlord is entitled for a decree of eviction as it stood prior to amendment...........
Civil Procedure Code, 1908, Order 11, Rule 1, 2, 14, Civil Procedure Code, 1908, Order 26, Rule 9 -- Three applications under above provisions - Eviction suit - Defence of sufficient accommodation available with plaintiff - Plaintiff not producing map of premises - Defendant justified in applying for eliciting the information from plaintiff by production of map on record..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Eviction suit - Additional pleas sought to be introduced in plaint on basis of Will coming to knowledge subsequently - Will unregistered and unprobated and not on stamp paper and amendment application not supported by affidavit - Will disclosed after more than a decade since death of testator - Will..........
