Delhi Rent Control Act, 1958, Section 14 -- Eviction petition - Bonafide requirement - Leave to defend - Once it is admitted that landlord and his family members are a business family and are carrying on their business from whatever portions are available or from time to time have become available in property they are always entitled to seek eviction of tenant in other..........
Delhi Rent Control Act, 1958, Section 14 -- Eviction petition - Bonafide requirement - Leave to defend - Merely because landlord already is in occupation of some portion cannot be a ground for grant of leave to defend...........
Evidence Act, 1872, Section 116 -- Denial of landlord's title - Tenant who has been let into possession cannot deny his landlord's title...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to introduce plea of denial of landlord's title - Said plea was not raised by defendants in the written statement - Defendants held, not permitted to introduce the said plea by way of amendment, that too, at the belated stage after leading their evidence -..........
Transfer of Property Act, 1882, Section 109 -- Transfer of landlord's right in favour of transferee - Attornment is not necessary to confer validity of transfer of landlord's rights, as S.109 of the Act does not require that transfer of right of landlord can take effect only if tenant attorns to him...........
Rent and Eviction -- Original landlord gifted the suit property to his brother who in turn transferred the same to plaintiff by executing sale deed - Tenants not questioned the validity of sale deed in favour of plaintiffs - Gift deed in favour of brother of original landlord held to be valid by High Court between same landlord and another tenant in respect of self same..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(1) -- Rent and eviction - Denial of title of landlord or claim of permanent tenancy by tenant should be answered at first, before proceeding with application u/s 12 of the Act, otherwise, it will defeat valuable right of tenant to defend petition u/s 11(1) second proviso - Therefore, Courts are bound to..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12 -- Rent and eviction - Failure to pay admitted arrears of rent - Court directed tenant to put landlord in possession of tenanted premises - No opportunity of hearing provided to tenant - Order passed set aside as there should be opportunity to tenant why he could not remit rent as ordered within time..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Rent and eviction - Fixation of fair rent - Sale of suit property during pendency - As per material available on record, tenant admitted that earlier landlord has assigned all rights, title, interest and legal rights to present landlord - Therefore,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought to substitute word `business' with `practice' - Word `business' is of wide import and essentially include expression `practice' as it is systematic and continuous activity by a person by the application of his labour and skill with a view to earn profit - Once that is the..........
