Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction petition - Where previous judgment filed by previous owner on the same ground has not been brought on record, in absence thereof it would not be appropriate to return a finding on question of res judicata...........
Rent and Eviction -- Eviction petition - Plea of tenant having no objection to vacate subject to refund of security deposit and expenditure of Rs.75 Lakhs for repairs and maintenance of premises - Proof of expenditure - A suggestion has been put to DW1 that no money was spent by tenant for repairs or renovation of suit schedule premises, as the suit schedule premises was a..........
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...........
Rent and Eviction -- Sub letting - Rent Controller dismissed the petition - Appellate Tribunal reversed the decision - High Court in a petition under Article 227 of the Constitution tested the legality of order of Tribunal through the lens of an appellate body and not as a supervisory Court, which is impermissible - Finding of High Court that appellate forum's decision was..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction petition - Applicant having interest in the title of suit property - In order to ensure that suit did not suffer from non-joinder of relevant and necessary party, impugned order of allowing impleadment of respondent in no way prejudices interests and rights of landlady, which will be finally..........
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..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 -- Eviction - Execution proceedings - In view of conduct and attitude of revision petitioners, Court has not only found that petitions are devoid of merits, but also is satisfied that revision petitioners have vexatiously filed successive applications one after another to stall execution proceedings - Moreover, fact..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioners sought their impleadment on the ground that they have right in the suit premises - However, nothing on record to substantiate claim of petitioners that they are co-owners of property - Stand of tenants is the same as that of petitioners, which indicates that petitioners..........
Rent and eviction -- Eviction petition - Bona fide requirement - Landlord need not be unemployed to seek eviction on the ground of bona fide requirement. (Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, S.21(1)(a)...........
