East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Denial of relationship of landlord and tenant - Plea that denial of relationship of landlord and tenant on the part of tenant was bona fide and therefore he be allowed to tender rent at this stage - Tenant cannot be allowed to tender rent at this stage - Order of eviction, upheld...........
Agreement to sell -- Agreement with tenant - Jural relationship of landlord and tenant - Such question has to be decided by keeping in view S.111 of Transfer of Property Act and intention of parties - None of the nine conditions of agreement intended to surrender tenancy rights - Tenancy remained unaffected notwithstanding execution of agreement to sell - Landlord is..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Relationship of landlord and tenant - Landlord filed rent receipts - Tenant cannot now deny ownership of landlord...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint/dismissal of suit - Issue of relationship of landlord and tenant decided by Rent Controller - Same issue re-agitated in civil suit - Issue already settled cannot be allowed to be re-agitated all over again - Suit dismissed in exercise of inherent power u/s 151 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, Civil Procedure Code, 1908, Order 41, Rule 22 -- Remand - Landlord tenant relationship - Decided in favour of plaintiff but suit dismissed - Appeal by plaintiff - Finding of relationship of landlord and tenant neither challenged by landlord nor by tenant by filing cross objections - Order of Appellate Court reversing said..........
Rajasthan Rent Control Act, 2001, Section 18 -- Eviction petition - Relationship of landlord and tenant - Contention of tenants, is that there is no relationship of landlord and tenant between the parties - Contention not acceptable in view of admission of original tenant before Rent Tribunal - Even, in eviction application he has admitted tenancy and also admitted that he..........
Chhattisgarh Rent Control Act, 2011, Section 4 -- Application for eviction - Dismissal of application - Landlord and tenant relationship - Petitioner, who bought disputed property in middle of continuation of tenancy filed suit for eviction almost after 12 years of purchasing shops - Petitioner failed to give any plausible reason for not taking any legal action for..........
Rent and Eviction -- Eviction petition - Necessary parties - Law as to : (i) Landlord and tenant are the only necessary parties; (ii) To get eviction order landlord is required to plead and prove two things namely (a) there exists relationship of landlord and tenant (b) existence of grounds on which eviction is sought; (iii) question of title is not germane to the decision..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Denial of written agreement by landlord - Merely because landlord has not accepted written agreement does not change essential relationship between tenant and landlord...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Termination of tenancy - Mere acceptance of rent at enhanced rate by lessor cannot continue tenancy with erstwhile relationship as landlord and tenant, on the face of such termination of tenancy - Termination of tenancy rightly held, to be in accordance with law - Defendant directed to vacate suit property...........
