Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by sub-tenants - Sub-tenants contended that sub-letting is lawful as per Karnataka Rent Act - Contention rejected, as suit was filed seeking eviction of JD by terminating tenancy u/s 106 of T.P Act, therefore, provisions of Karnataka Rent Act held, not applicable...........
Civil Procedure Code, 1908, Section 100, Delhi Rent Control Act, 1958, Section 50, 2(i), Slum Areas (Improvement and Clearance) Act, 1956, Section 19 -- Second appeal - Suit for possession and mense profit - Tenancy of defendants/appellants were terminated - Once tenancy of appellants/defendants of suit property stood terminated, the status of appellants/defendants was not..........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Notice - Suit for possession - Once there exists landlord and tenant relationship between parties and rate of rent is above Rs.3500/- p.m in Delhi and there is no registered lease deed for tenanted premise, then, by serving notice u/s 106 of the Act suit for possession can be filed - Infact, there is no need of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought by tenant pertains to maintainability of eviction petition in view of bar u/s 14(6) of H.P Urban Rent Control Act - However, very same question was earlier raised by tenant by filing application U.O.7.R.11 CPC before Rent Controller - However, same application though allowed..........
Indian Penal Code, 1860, Section 193, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(2) -- False evidence - Jurisdiction of Rent Control Court - Rent Control Court is not empowered to initiate prosecution for offence u/s 193 IPC on allegation that false evidence is given during course of proceedings...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), 11(4)(iii), 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Subsequent events - If grounds were not available on date of filing of petition, it will not fall under "defect" or "error" contemplated u/S.23(1)(j) of Act - If the..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Grounds available for amendment u/O.6.R.17 of CPC is more wide than grounds provided u/S.23(1)(j) of Act - But in view of rigour u/S.23(1)(j) of Act such grounds available u/O.6.R.17 cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(1)(j) -- Amendment of pleadings - Eviction suit - Cause of action for eviction on new ground, which is intended to be incorporated by way of amendment has arisen after filing of Rent Control Petition - Said ground cannot be allowed to be incorporated by way of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute regarding ownership - Admittedly, property was leased out in year 2007 and application was filed for eviction on 2013 - Litigation qua title is already pending in civil proceedings and the same as such would have no immediate bearing on East Punjab Urban Rent Restriction Act - Thus, where..........
Agreement to sell -- Specific performance - Plaintiff being tenant of property paid the advance consideration and thus no longer liable to pay any future rent to defendant/landlord - Possession of plaintiff therefore, of suit property was effectively as a right of part performance u/s 53-A of T.P.Act - Plaintiff continued in possession under doctrine of part performance,..........
