Rent and Eviction -- Non-payment of rent - Even on failure to pay rent during pendency of litigation also tenant is bound to be evicted...........
Rent and Eviction -- Non-payment of rent - In any proceeding of eviction of tenant on ground of non-payment of rent, he is not only bound to offer arrears of rent on account of non-payment of which eviction is sought for but also to pay future rent regularly, either at the amount agreed between parties or as fixed by Court...........
Rent and Eviction -- Non-payment of rent - Tenant has failed to comply with the interim order passed by Court regarding payment of rent during pendency of appeal before Supreme Court, and hence is in default - Tenant evicted - However, landlady shall have right to recover arrears of rent from tenant as determined by Supreme Court for the period of default by initiating..........
Provincial Small Cause Courts Act, 1887, Section 15 -- Jurisdiction of Small Cause Courts - Small Cause Courts have jurisdiction to entertain a suit by a lessor for the eviction of a lessee from a building after the determination of his lease and for recovery from him of compensation for the use and occupation of that building after such determination of lease...........
Provincial Small Cause Courts Act, 1887, Section 15 -- Jurisdiction of Small Cause Courts - Eviction suit - When suit filed by landlord against tenant already stands decreed and opposite party claims to have acquired ownership of property in dispute through a sale-deed executed by its previous owner, adjudication of claim of opposite party becomes incidental to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99 -- Execution - Third party objections - SSC suit for eviction - When petitioner claimed that property in question had been purchased by her from its previous owner through a registered sale-deed, she had locus standi to claim that she had the right to resist her ejectment through execution proceedings instituted for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - No question framed about lack of evidence, sub letting or incorrect appreciation of facts by Appellate Court on which the final finding of High Court is returned - More so, there is no discussion by High Court as to reasons required for departure from substantial questions of law framed at the stage..........
Rent and Eviction -- Compromise - Tenant was to deposit 12,500/- - In case this amount was deposited eviction petition was to be dismissed and in case this amount was not deposited then eviction petition was to be decreed - Tenant deposited this amount - Consent order dismissing petition was passed - In execution of consent order an order was passed that name of tenant be..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful disobedience of order of Supreme Court - Contemnor/tenant has not vacated the suit premises despite eviction order against him - Even after filing of contempt petition, peaceful possession was not delivered to landlord - Contemnor deliberately did not appear despite specific direction issued at least..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of reply filed to eviction petition - Application seeking amendment of reply filed 10 years ago on the basis of facts already pleaded in the reply, speaks volumes about lack of diligence on the part of tenant - Amendment sought to be incorporated is neither warranted nor necessary - Application rightly..........
