Rent and Eviction -- Non-payment of rent - Notice issued by landlord demanding payment of rent falling which tenancy shall be treated as terminated - Does not amounts to waiver of right of eviction of landlord, particularly when in spite of said notice nether payment of balance amount of rent was made nor possession of shop given to landlord by tenant - Even formal prayer..........
Rent and Eviction -- Rate of rent - Findings recorded by trial Court regarding rate of rent based on evidence brought on record - Adverse inference is drawn against tenant by trial Court that he had not produced diary acknowledging entry of payment of rent made by landlord - Trial Court after appreciation of evidence coming to conclusion that rate of rent is Rs.1500/- p.m..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Release of premises - Bonafide requirement - When family of landlord is large and they are engaged in tailoring work or other job and they want to set their own permanent business, then for said purpose bonafide need cannot be disputed...........
Rent and Eviction -- Property tax recoverable from tenant u/s 67(3) of the New Delhi Municipal Council Act, 1994 as arrears of rent by the landlord/owner - Cannot be considered to be forming part of the rent for the purpose of seeking eviction or ejectment of such tenant who defaults in payment of such recoverable tax as rent...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Eviction petition - Omission on the part of tenant or his counsel to know next date fixed in the case clearly appears to willful in nature - Record reveals that counsel of tenant present on the date fixed for hearing - But no such challenge regarding presence of Counsel given in application..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12 -- Rent Control petition - Maintainability - Where landlord and tenant relationship is admitted, challenge against maintainability of rent control petition will fall under expression `contest' as contemplated u/s 12 of the Act...........
West Bengal Premises Tenancy Act, 1997, Section 7(2), 17(2) -- Rent and eviction - Arrears of rent - Default in payment of rent - As per S.17(2) of the Act, when tenant raises any dispute with regard to amount of arrears of rent claimed by landlord, he has to file application for adjudication of arrears of rent payable by him to landlord and in case tenant admits any..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Application of tenant for leading secondary evidence was dismissed - As per tenant, landlord is in possession of some other properties - Such plea is to be proved by way of independent evidence - Merely owning other properties does not mean that eviction application of landlord is to fail as S.13 of the Act deals..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20(2), Evidence Act, 1872, Section 116 -- Eviction petition - Estoppel - Denial of title - As per the own stand of defendant, he is tenant of disputed house which of which plaintiff are landlord and, therefore, defendant is estopped from denying landlordship of plaintiff in view..........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Notice - Suit for possession - Once there exists landlord and tenant relationship between parties and rate of rent is above Rs.3500/- p.m in Delhi and there is no registered lease deed for tenanted premise, then, by serving notice u/s 106 of the Act suit for possession can be filed - Infact, there is no need of..........
