Eviction suit by a co-owner -- Plea of partition by tenant - Tenant has no concern with partition of property in dispute and it is open only for co-owners - Tenant has no right to raise issue of partition in eviction suit...........
Rent & Eviction -- Deposit of rent in Court - Permissible only till landlord refuses to accept rent - Once landlord expresses his willingness to accept rent by serving notice, tenant has no option but to deposit rent to landlord. (Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, S.30)..........
Rent and eviction -- Sub-letting - Tenant assigned his business in the leased premises in favour of sub-tenant by executing assignment agreement and also received earnest money - Very act of execution of document was sufficient in itself to complete breach of lease condition and statutory mandate and did not require anything further - Breach being complete on his part..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction suit - Title of ownership of landlord is not relevant in an eviction suit - Landlord and tenant are the only necessary parties in such suit - When a person is neither a necessary party nor a proper party and his presence is not required for any complete and effective adjudication of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought by defendant to change his character of a tenant which was otherwise as admission made in written statement - Admission made in written statement cannot be permitted to be withdrawn - Even otherwise, tenant by merely denying relationship of landlord and tenant could not avoid..........
Rent and eviction -- Eviction suit - Limitation - Plea of adverse possession was not taken by defendant/tenant - Law of limitation therefore, not applicable in filing civil suit for eviction and possession...........
Rent and eviction -- Eviction suit - Limitation - Once relationship between parties being a tenant and landlord has been denied by tenants/defendants, who are claiming their ownership over suit property and denied right and title of plaintiff/landlord, period of limitation as applicable for instituting suit under U.P Urban Buildings Act is not applicable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for eviction and possession - Concurrent findings of Courts below on record acknowledging right and title of plaintiff over suit property in question and status of defendant as a tenant over there - Claim of defendants being an owner of suit property and justifying their possession on the basis thereof..........
Rent and Eviction -- Stay of eviction decree - Determination of compensation/mesne profit - Compensation determined on the basis of purchase price of property - Held, not proper - Compensation/mesne profit has to be determined at the rate at which landlord would have been able to let out the premises and earn rent if tenant had vacated the premises - Impugned order set..........
Rent and Eviction -- Rate of rent - Purchase of building by appellant not disputed - Erstwhile landlord issued a letter of attornment of tenancy indicating rent of Rs.3200/- p.m. addressed to tenant with a copy marked to the appellant - High Court held that this letter of attornment of tenancy was not sufficient to prove the monthly rent to be Rs.3200/- - Held, High Court..........
