Rent and Eviction -- Order of eviction against tenant - Other family members living with him will also go when tenant is evicted...........
Transfer of Property Act, 1882, Section 111(h) -- Termination of lease - Default in payment of rent - Tenancy was terminable as per provisions of S.111(h) of the Act which stipulates that lease of immovable property determines on expiration of a notice to determine lease duly given by one party to other - In the instant case, notice given to tenant clearly states that..........
Transfer of Property Act, 1882, Section 106, 113 -- Suit for eviction - First Notice - Acceptance of rent after issuance of first notice - Landlord giving second notice and then filing suit for eviction - Mere acceptance of rent does not amount to waiver of first notice unless there is any other evidence to prove that landlord intended to do so - Tenant liable to evict..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Arrears of rent - Plea of tenant that words `within 15 days' and `the last day of month next' prescribe period of limitation - Plea held, misconceived as these expressions actually prescribe cause of action - If there is a written rent note which stipulates a date by which tenant has to make..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11 -- Rent and eviction - Disclosure of another vacant room - Tenant himself admitted that he has subsequently acquired possession of another building which is situated just opposite to petition schedule room - If tenant himself admitted subsequent acquisition of another shop room same is sufficient to arrive at..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Change of user - Premises let out for saw mill which is now utilized for purpose of manufacturing of grills - In the agreement there was no restriction to run business only relating to saw mill - Tenant was given liberty to carry on any other business as well - Held, in the absence of negative..........
Maharashtra Rent Control Act, 2000, Section 15 -- Suit for eviction - Challenge against order of eviction - Claim for arrears of rent - Petitioner/tenant raising a dispute about the quantum of rent - Nothing on record to show that the petitioner deposited arrears for the said period at rate of rent claimed by him or rate fixed by Trial Court in its order within a period of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Injunction order - Civil Court observed that eviction of tenant shall remain stayed except pursuant to the order of competent Court - Held, injunction order not a hindrance in the execution of decree...........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(3), 13(4), 13(6), 13(1)(a) -- Eviction - Provision of S.13(3) of the Act is mandatory - Court to fix provisional rent within three months of the filing of written statement but before framing of issues - Court to determine provisional rent irrespective of any application - If rent so determined by..........
Rent and eviction -- Default in payment of municipal tax - Municipal taxes were included in monthly rent payable under tenancy agreement - Even amendment of 2001 to West Bengal Premises Tenancy Act cast obligation on tenant to pay municipal taxes - Tenant nowhere denied his liability to pay his share of municipal tax - Default on the part of tenant is clear and evident -..........
