Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of sisters of landlord - One of sisters of deceased plaintiff had earlier moved an application U.O.1.R.10 CPC for impleadment which was rejected - Once application for impleadment by one of sisters having been rejected, it cannot be held that other sister would fall in the category of LRs of..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of sisters of landlord - Estate of plaintiff/landlord would be represented by his first class heirs which undisputedly would be his wife, son and daughter - Tenant could not point out any provision of law which prescribes for sisters to be LRs even where first class heirs of a deceased..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Relationship between petitioner as erstwhile tenant and landlord not in dispute - Fixation of fair rent confirmed upto Apex Court - Hence, for recovery of fair rent, suit is filed which needs no further deliberation - Leave to defend rightly rejected...........
Joint tenancy -- Landlord is not supposed to implead all the tenants, and impleadment of one of tenants is sufficient and the decree passed against one joint tenant is binding upon all the joint tenants...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - PW24 stated that after he heard that his friend/deceased was injured, he rushed to the site and found that deceased was fully covered in blood, and he disclosed that appellant was the author of injuries - However, in the cross-examination, he denied having made such a..........
Rent and Eviction -- Tenant who once entered property in question lawfully continues in possession after his right to do so extinguished, is liable to compensate landlord for such time period after right of occupancy expires...........
Rent and Eviction -- Tenant who once entered property in question lawfully continues in possession after his right to do so extinguished, is liable to compensate landlord for such time period after right of occupancy expires...........
Rent and Eviction -- Non payment of rent - Forfeiture/determination of tenancy - Tenant for undemonstrated reasons been delaying the payment of rent and/or other dues, payable to the landlord - Assessment of rentals, made by valuer of Rs.41/- per Sq. ft. as submitted by landlord - Keeping in view the location of premises, rent as agreed, alleged non payment of rent,..........
Rent and Eviction -- Non payment of rent - Forfeiture/determination of tenancy - Tenant for undemonstrated reasons been delaying the payment of rent and/or other dues, payable to the landlord - Assessment of rentals, made by valuer of Rs.41/- per Sq. ft. as submitted by landlord - Keeping in view the location of premises, rent as agreed, alleged non payment of rent,..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for possession by way of ejectment - Jurisdiction of civil Court is not ousted if a landlord tenant relationship is disputed - Tenants estopped from claiming that they are entitled to protection u/s 77 of Punjab Tenancy Act...........
