Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(5) -- Rent and eviction - Striking off defence of defendant - As per S.13(5) of the Act, where tenant fails to deposit or pay any amount within time specified, Court shall pass order of striking off defence - In instant case, defendants failed to deposit provisional rent as determined by trial Court -..........
Chhattisgarh Rent Control Act, 2011, Section 13(2) -- Appeal to Supreme Court - Constitution does not enable State legislature to enact law which provides for statutory appeals to Supreme Court - State legislature lacked legislative competence to enact S.13(2) of the Act - S.13(2) of the Act thus, declared ultra vires of Constitution and held, null and void and of no..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction petition - Bonafide requirement - Landlord specifically stated that there is no other vacant shop for setting up business for his son - Therefore, it cannot be said that landlord did not mention or state in his pleadings about having any other property - Tenant was not be able to show either by way..........
Rent and eviction -- Provisional rent - Contentious issues arising between parties - Same cannot be decided at the stage of deciding provisional rent - Evidence has to be led by parties to prove their case - Equities must be balanced at this stage - Rent Controller determined the provisional rent @Rs.7,50,000 pm and High Court confirmed the said order - However, tenant..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Rent and eviction - Tenant created without preparing a rent deed or lease agreement - Nothing un-natural...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Application to lead secondary evidence to prove rent note was dismissed - Once tenant has taken a categoric stand that he had not been inducted as a tenant by father and husband of landlord question of leading evidence for production of rent note would not arise - It would amount to taking a..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Eviction petition - Tenant only intends to incorporate date, month and year of rent note about which he was not aware sans substance, as tenant in his written statement categorically denied averment made by landlords that no rent note..........
Rent and eviction -- Dismissal of eviction petition of landlord - Bonafide necessity - Landlady cannot start business of manufacturing of garments in area located behind the shop in dispute when according to site map such area map to be vacant land - To except a person to start business on an uncovered area in preference to an existing covered building/premises is not..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Plea of tenant is that petition has been filed in trade name and not in the name of tenant - Affidavit filed in support of leave to defend application shows that tenant has not raised this specific plea in affidavit in support of leave to defend application - Even,..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Plea of tenant that landlord fail to disclose cause of action in petition - Perusal of eviction petition clearly show that petition does disclose a cause of action - Even, landlord clearly stated that necessary ingredients as required to be established to seek an..........
