Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of co-sharers - Eviction petition - Impleadment of other co-sharers of property - Co-sharers are not necessary parties in a suit for eviction filed by one co-sharer/landlord - Moreover, it is not the case of tenants that they are not tenants in the property and that they were not paying the rent to landlord -..........
Civil Procedure Code, 1908, Order 15A -- Fixation of rent - Court is competent to fix a provisional rent after affording opportunity to both the parties - In order to fix such rent, Court considered the previous amount of rent for same schedule property, the area where it is situated and other relevant factors - Even if defendant pleads in written statement that no arrears..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed, declaration of ownership, permanent injunction and mesne profits - Said reliefs cannot be within the domain of a Rent Tribunal - Issues involved could be decided only by a Civil Court - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to add pleading with respect to non-maintainability of suit in view of provisions of new Rajasthan Rent Control Act - Suit filed under Transfer of property Act and on the date of filing of suit, Rajasthan Rent Control Act were not applicable and jurisdiction to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction petition - Ownership of title of property is not a subject matter before Rent Tribunal and admittedly petitioner is a tenant - Petitioner is not concerned with distribution of shares between brothers who are landlords, therefore, petitioner cannot get any undue advantage for the same - Since,..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife cannot be compelled to enter into a contractual arrangement whereby she is placed under an obligation to rent her property to husband, and thereby have her own independent source of income through rent - Impugned order set aside - Matter remanded back to appellate Court for..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Rent petition - Issues were framed in the year 2015 - Subsequently, witnesses of landlord were examined and even one witness on behalf of tenant had been examined by trial Court Application for framing additional issues filed at this stage that too after 8 years of framing of issues - All..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Rent petition - Objection taken qua original landlord that he is not the landlord - Such objection holds good for his legal heirs - There is no need to incorporate a plea qua L.R's not being landlords - Application rightly dismissed...........
Rent and Eviction -- In rent - proceedings, Courts can always take subsequent facts into consideration, which may be relevant...........
Rent and Eviction -- Non-payment of rent - Even on failure to pay rent during pendency of litigation also tenant is bound to be evicted...........
