Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Ex parte decree - Setting aside - Suit for possession, rent and mesne profit - Tenant neither deposited entire amount as payable by him nor there was any previous application seeking permission of Court to give security, on the date when application U.O.9.R.13..........
Rent and eviction -- Extension of time to vacate - Concurrent findings of two Courts below decreeing suit of plaintiff - However, tenant is not pressing the appeal on merits and craving a reasonable time to vacate the premises - Direction issued to tenant to submit an undertaking to the effect that he will handover peaceful and vacant possession of suit premises to..........
Suit for recovery -- Suit for recovery of possession, damages and permanent injunction - Limitation - Suit filed in 2013 - Defendant/tenant contended that suit was barred by limitation as he was inducted tenant in 2009 and suit filed in 2013 - Contention rejected, as cause of action arouse only when notice dated 16.2.2013 was served on defendant qua which reply dated..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Arbitration - When disputes arise between landlord and tenant with regard to determination of lease under the Act, landlord to secure possession of leased property in a normal circumstance is required to institute a suit in Court which has jurisdiction - However, if parties in contract of lease or in..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Eviction petition - Non-payment of rent - Once it is admitted that landlady has not issued any receipt and admittedly for past 25 years tenant has been continuously in possession of said premises, in absence of account maintained by landlady and also in absence of issuing receipt, landlady has to..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for ejectment, recovery of possession and arrears of rent - Defendant admitted that he is tenant in suit property - There is admission of relationship of landlord and tenant and month to month tenancy already stands terminated - Since the monthly rent was Rs.5000, thus property is protected under..........
Rajasthan Rent Control Act, 2001, Section 20(3) -- Eviction petition - Default in payment of mesne profit - Issuance of recovery of possession certificate - Tenant not deposited amount of mesne profit - Tenant is required to continue to pay mesne profit to landlord and arrears of mesne profit - If tenant does not vacate commercial premises within three months from date of..........
Constitution of India, 1950, Article 226, 227 -- Eviction order - Writ petition - Unauthorised possession - Landlord approached Deputy Commissioner only with a complaint to register a case against tenant for being in unauthorized possession of house in question and irregular payment of rent - However, Deputy Commissioner in his over enthusiasm and presumably in an effort..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Malafide and dishonest conduct - Litigant not entitled to any accommodation to thwart implementation of legal orders against him - Tenant before Rent Controller concocted a false story that he was in possession of demised shop on basis of some agreement to sell - Even, tenant did not furnish..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction petition - Subletting - Seeking of damages for use and occupation charges - No direction can be issued to tenant to pay use and occupation charges for period that stay continued - Further, as possession has already been handed over no relief can be granted to landlord in this application...........
