Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Eviction suit - Admission of landlord and tenant relationship - Plea of agreement to sell the tenanted premises - Agreement to sell not registered - Protection u/s 53-A TPA not available - Relationship between parties is that of landlord and tenant - Defendant does not have a valid grievance with the..........
Transfer of Property Act, 1882, Section 114 -- Benefit of provision of S.114 of Act - Tenant while claiming benefit of S.114 of the Act has to plead and establish that lease under which he holds demised premises contains a term that in the event of certain default in payment of rent, lease might be terminated and that plaintiff has based his claim on lease having been..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Applicability to arbitral proceedings - Suit for recovery of possession, arrears of rent - U, registered lease deed - Principles analogous to O.12.R.6 CPC, are equally applicable to arbitration proceedings - There is no dispute between parties as to relationship i.e to landlord and tenant, rate of..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Eviction petition - Personal necessity - Husband deposing on behalf of wife - Cross examination conducted by tenant sufficient to prove bonafide need of landlady - Held, merely because landlady has opted to produce her husband to establish her bonafide need is not sufficient enough to reject the ejectment petition - Order..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i), 13(3)(a)(ii), Civil Procedure Code, 1908, Order 8, Rule 5 -- Eviction petition - Bonafide necessity - Pleading - Landlady pleaded necessary ingredients of personal necessity - Tenant not raised any objection to the same and vaguely denied the same not specifically mentioning that landlady or her..........
Suit for possession -- Suit filed after 20 years from the date of dispossession - Suit is apparently and miserably barred by limitation for the purpose of recovery of possession or for eviction/ejectment...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Before expiry of lease period - Maintainability - Landlord can file petition for eviction under Rent Act even before expiry of lease period if a ground is available under the Act, as provisions of Act would certainly have an over-riding effect over all other statutes whenever there is a dispute..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Determination of mesne profits - Admissibility of lease agreement is not required to be determined for the purpose of assessing mesne profits especially when Rent Controller had passed ejectment order against tenant - Assessment of mesne profits and compensation is certainly a work of reasonable..........
Transfer of Property Act, 1882, Section 109 -- Transfer of lessor's right in favour of transferee - Transferee gets all rights and liabilities of lessor in respect of subsisting tenancy - Attornment by tenant is not necessary - Transferee of landlord's rights steps into the shoes of landlord with all rights and liabilities of transferor landlord in respect of subsisting..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Bonafide necessity - Landlord along with his brothers intended to settle in India and use the premises for their own personal use - Property in question was inherited by landlord with his brothers - Landlord can get the shops vacated by moving the petition u/s 13-B of Act as..........
