Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Subsequent event - Eviction suit - Reasonable and bonafide necessity of a landlord has to be seen on the date of institution of suit - However, subsequent event having material bearing on reasonable and bonafide necessity of landlord can be taken into consideration - But in the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Invocation of jurisdiction u/s 24 CPC is not to be lightly inferred unless and until there are bonafide compelling reasons for Court to come to the aid of applicant...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 18(1)(b), 20 -- Eviction petition - Bonafide need - There is no evidence to show that landlord has any other building in her possession - Tenant being a cooperative society, second proviso to S.11(3) of the Act has no application - Eviction order upheld - Directions issued...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - If bonafide requirement of landlord continues, landlord has a recurring cause of action...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Bonafide need - Merely because landlord put in his pleadings the fact ex abundanti cautela that he had purchased a soda water machine that was lying idle, would not give Courts below vantage to evaluate genuineness of landlord`s need with reference..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Release application - Bonafide need - There are number of members of landlord who are still unsettled and without occupation - Hardship is much greater for landlord than tenant - Moreover, tenant has not made any efforts to search alternative shop..........
Transfer of Property Act, 1882, Section 52 -- Transfer of property pending suit - Effect of S.52 of the Act which incorporates the doctrine of lis pendens is that the transfer will be subject to the outcome of the suit and that the plea of bonafide purchase or the lack of notice are not available to the purchaser against this doctrine - Transfer of property made lis..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration of title and permanent injunction - Proposed amendment not brought to knowledge of defendant's counsel during preparation of written statement, but on perusal of record, error come to knowledge - Reason assigned by defendant seems to be just and bonafide - Defendant could..........
Agreement to sell -- Specific performance - Bona fide purchaser - Execution of GPA by defendant no.1 in favour of defendant no.2 is not denied by defendant no.1 - Defendant no.2 executed sale deed in favour of defendant no.3 on basis of said GPA - Defendant no.1 categorically stated in his written statement that agreement in favour of plaintiff is forged and fabricated -..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20 -- Order of release - Set aside by appellate Court - Bonafide need and default in rent - New plea cannot be permitted to be raised for the first time at the writ stage u/art 227 of Constitution since no such specific plea was taken by tenant in documents which were filed by him..........
