Rajasthan Rent Control Act, 2001, Section 9 -- Eviction petition - Arrears of rent - Period of arrears of rent which may be demanded by notice is not required to be the same as four months default which is a ground for eviction under the main clause - Arrears demanded may be less than or may be more than four months and on that ground application for eviction cannot be..........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(f) -- Rent and eviction - Bonafide need - Plea of landlord, he cannot start his business of dry-fruits in the market `S' as said market is mainly a market of cloth business - As landlord is best judge to decide as to which place is suitable for his business, therefore, tenant cannot insist that landlord can..........
Civil Procedure Code, 1908, Order 41, Rule 25 - - Eviction suit - Issue regarding other co-owner/members of Hindu Undivided Family not impleaded as party - Tenant admitted having paid rent to plaintiff - On the contrary, there is a statement recorded of plaintiff as per his rejoinder of being landlord - More so, no other co-owners has come forward to challenge or object..........
Constitution of India, 1950, Article 226, 227, Rajasthan Rent Control Act, 2001, Section 3(iv), 18 -- Eviction petition - Compromise - Once organization has volunteered to enter into compromise and agreed to vacate rented premises it does not lie in mouth of organization to disown its commitment - Moreover, it is nowhere pleaded in petition that agreement of compromise..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery of advance amount - Termination of tenancy - Tenant claiming advance amount of Rs.50,000/- from landlord - However, record reveals that rent of Rs.56,000/- was outstanding against tenant - Finding of trial Court that no amount was recoverable from landlord held, proper - No interference warranted in it...........
Rent and eviction -- Tenant at sufferance - Tenant who is continuing in possession without consent of landlord is not a tenant by holding over, but a tenant at sufferance, which is akin in status to that of a trespasser...........
East Punjab Urban Rent Restriction Act, 1949, Section 2(c) -- Landlord within the meaning of S.2(c) of the Act is not necessarily the owner of property - A person who held a life interest under Will would fall under the definition of landlord, as expression landlord is relatable to an entitlement to receive rent in respect of any building or rented land...........
Civil Procedure Code, 1908, Order 11, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Interrogatories and recall of landlord for further examination - None of interrogatories relevant - If tenant had information about any property of landlord, he should have come up specifically in that regard instead of making fishing enquiries - Even, similar attempt is made in..........
Civil Procedure Code, 1908, Section 47 - - Death of D.H. during pendency of execution proceedings - On death of D.H. his heirs stepped into his shoes and are competent to take execution proceedings to its logical conclusion - Objection that landlord for whose need the shop was released, having died, the execution proceedings should be dismissed as infructous - Release..........
Rent and eviction -- Vacating of stay - Tenant is in possession of residential premises - Tenant deposited amount of Rs.1080000/- and also deposited Rs.15000/- p.m - Order of High Court is set aside and stay granted in favour of tenant qua second floor shall stand restored - However, landlord is permitted to withdraw Rs.1080000/- and also subsequent deposit of amount at..........
