Transfer of Property Act, 1882, Section 106, 107 -- Quit notice - - Tenant by his conduct of remittance of rent to landlord admitted relationship of landlord and tenant - Even, tenant admitted revised rate of rent by landlord in year 2002 - Cessation of tenancy by issuing quit notice u/s 106 of the Act held, valid...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - As per plaintiff, defendant was his friend and with view to help him, on his request, suit premises given to defendant by way of permissive user - However, defendant pleads creation of tenancy rights in his favour - Neither defendant able to produce evidence on record that he was staying in suit..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(hh), 13A -- Eviction petition - Leave to defend - Specified landlord - Rent Controller is required to look into averments made by a tenant in his affidavit only on ground as to what would disentitle a specified landlord to recover possession of tenanted premises - If landlord fulfills three conditions (i) that..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(hh), 13A -- Eviction petition - Leave to defend - Specified landlord - Landlord pleaded that his retirement is due and he require premises for his personal necessity as he is a qualified Electrical Engineer and wants to start his own consultancy business while further stating that there are adjoining shops which was..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Eviction proceedings - Benefit of monthly rent deposited u/s 30(1) of the U.P Act after receipt of summons/filing written statement could not be extended to defendant tenant while reckoning compliance of O.15.R.5 CPC - There is no escape from mischief of O.15.R.5 CPC - Defence rightly struck off...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - On ground of arrears of rent - Non-assessment of rent by Rent Controller - Tenant himself denied liability to pay rent and claimed rent was upto date - No occasion for Rent Controller to pass an interim order to assess rent and give tenant an opportunity to tender the same - Eviction upheld...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii), 10(2)(ii)(a) -- Rent and eviction - Bonafide requirement - Plea of tenant that building in `T' also belongs to landlord - However, as per landlord, property is company's property and he is only a minor shareholder in the property - Once property is said to be company's property share holders..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii), 10(2)(ii)(a) -- Rent and eviction - Act of waste - Tenant blocked toilet and put up a separate room - Even, in counter he has pleaded that he has constructed a toilet 10 years back and he has not obtained any permission to convert toilet - It is also admitted in counter that drainage to other..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii), 10(2)(ii)(a) -- Rent and eviction - Bonafide requirement - Landlord is carrying on business in another building which is not his own - Other building where he is said to be carrying on internet business building belong to company and that building is also not his own building - If building is..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7, 7A -- Eviction petition - Relationship of landlord and tenant - Is to be finally adjudicated upon by Civil Court...........
