Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of eviction petition allowed, viz. (i) proposed amendment does not change the nature of suit; (ii) amendment does not introduce any fresh cause of action; (iii) amendment is relevant for deciding the question of subletting and availability of alternative accommodation with tenant; (iv) facts..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Non-payment of rent - Death of landlord - Plea of tenant that all legal representatives were not available on record despite the fact that son of landlady as co-applicant was already on record - Order declining stay operation of ejection order does not suffer from any infirmity or illegality -..........
Rent and eviction -- Dispute before Rent Controller is qua only the landlord and tenant and he unnecessarily need not be the owner of property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought by landlord only to elaborate his ground of bonafide requirement - Amendment will only help Rent Controller to come to valid conclusion as to whether requirement is justified and bona fide - Evidence not yet complete and no prejudice will be caused to tenants if amendment is..........
Delhi Rent Control Act, 1958, Section 14, 25B(4) -- Eviction petition - Leave to contest - If Authority/Court finds that grounds raised prima facie disclose defence, which, if accepted may result in no, suiting landlord from claiming eviction, tenant is entitled to obtain leave to contest eviction proceedings on merits - Authority/Court is not expected to examine merits..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Issue of jurisdiction goes to root of matter in case it is found that property is not within Municipal limits, the petition itself would not be maintainable - In such circumstances,..........
Civil Procedure Code, 1908, Order 26, Rule 9, East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Local Commissioner - Cause of action as such is to landlord at time of filing of ejectment petitioner at that point of time and an application which was filed after 6 years would not help Rent Controller in deciding issue in any manner - Petition dismissed...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 14 -- Eviction - Bona fide requirement - Landlord wanted to settle in suit property after his retirement - Need of landlord is genuine - Tenant cannot dictate as to which property should landlord use - It was for landlord to decide which property he requires - Being co-owner landlord has right to seek eviction..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Amendment sought by tenant on the ground that landlord along with his wife who had died 4-5 years back was owner of property as per sale deed and tenant had been paying rent in name of wife..........
Rent and eviction -- Sub-letting - Tenant sub-let the premises in question to his so, i, law for doing business under a partnership agreement - No consent in writing was obtained by tenant from landlord before sub letting the premises - Occupation of shop by so, i, law of tenant amounts to sub-letting and liable for eviction - Order of eviction passed against tenant along..........
