Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act, 1968, Section 22(2)(a), (f), 23(1)(b) -- Eviction petition - Cease to occupy - Shop let out to tenant used as godown was all time occupied by him had to be discharged by tenant and on failure to discharge the same, landlord was held entitled for eviction - Availability of reasonable cause for ceasing to..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Proceedings under Rent Control Act - Rent Control Court has power to condone delay u/s 5 of Limitation Act...........
Limitation Act, 1963, Section 29(2) -- Proceedings under Rent Act - Applicability of S.29(2) of Limitation Act to such proceedings - Rent Control Court is not a persona designata - It is a Court - In the absence of any express exclusion, S.29(2) of Limitation Act applies...........
Civil Procedure Code, 1908, Order 9, Rule 13, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Exparte decree - Setting aside - Eviction petition - In proceedings U.O.9.R.13 CPC, Court is required to examine as to whether petitioner has fulfilled requirements of O.9.R.13 CPC which require party to satisfy Court that either summons were not duly served..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide need - Execution of decree - Non-issuance of warrants of possession - Merely on the ground that Nazarat Branch is not working due to Covid, non-issuance of warrants of possession cannot be justified - Valuable rights of landlord are being taken away due to a logistical issue with which..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide need - Execution of decree - Non-issuance of warrants of possession - Police aid can be granted even at first instance so as to ensure quick delivery of possession to the decree holder...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide need - Execution of decree - Non-issuance of warrants of possession - Repeated adjourning of execution petitions of decree which are not stayed and which are executable, deprives the decree holders of extremely valuable rights specially in the case of decrees of possession which may be..........
Civil Procedure Code, 1908, Order 7, Rule 11, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13 -- Rejection of plaint - Dismissal of application - Eviction petition - Seeking rejection of eviction petition on ground that period of 10 years had not elapsed after completion of construction of building as provided u/s 1(3) of the Act - Tenant would be..........
Civil Procedure Code, 1908, Section 100, Delhi Rent Control Act, 1958, Section 50 -- Second appeal - Eviction petition - Jurisdiction of civil Court - Jurisdiction of civil Court to entertain any suit or proceeding is not barred u/s 50 of the Act if deceased was a statutory tenant and right of legal heir/s has expired - Thus, no question of law arises for consideration in..........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
