East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Leave to contest - Specified landlord having no other accommodation seeking eviction of tenant - It cannot be said that it is merely a case of additional accommodation from the point of view of the landlord - Moreover, there is no rule of law that whenever additional accommodation is claimed, leave to contest to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, 18A -- Specified landlord - Leave to contest - Residential building let in parts to different tenants - Landlord has an option to get the recovery (immediate possession) of the residential building or any part or parts of the said building...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18 -- Non Resident Indian - Leave to contest - NRI seeking eviction of tenant - Plea of tenant that landlord was joint owner with his brothers - This raises triable issue - Leave to contest rightly granted to tenant...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Impleadment as a party - There is no absolute rule that the transferee pendente lite without leave of the court should in all cases be allowed to join and contest the pending suits...........
Civil Procedure Code, 1908, Section 115, Order 37, Rule 3(5) -- Leave to defend - Not sought within 10 days of service of summons - Delay condoned and permission granted to file written statement and contest the suit - Revision against - High Court set aside the order on the ground that the approach of trial Court was wrong and that the trial Court did not apply its mind -..........
Civil Procedure Code, 1908, Order 37, Rule 1, 2 -- Summary suit - Leave to defend - Interest in addition to principal sum claimed - Receipt in question silent in regard to payment of interest and rate thereof - In absence of any stipulation regarding payment of interest and rate of interest the same can be decided only on basis of evidence to be led by parties -..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Suit for recovery - Defendant admitting receipt of goods and having made part payment - Objection as to quality or quantity not raised at the time of delivery - Reply not given by defendant to the letter of demand nor any objection to the documents submitted by the plaintiff - It shows that there was no dispute..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequently instituted suit - Provision is applicable to summary suit filed under Order 37 of the Code only after the Court or Judge grants leave to the defendant to contest the suit...........
Civil Procedure Code, 1908, Section 10, Order 37 -- Stay of subsequently instituted suit - Provision is applicable to summary suit filed under Order 37 of the Code only after the Court or Judge grants leave to the defendant to contest the suit...........
Rent and Eviction -- Petitioner retired from Army service - Leave to defend - Principles - Rent Controller is not required to examine the issue from the point of view of the ultimate proof which the tenant may product - Essential requirements of S.13-A of Rent Act clearly set out in eviction petition supported by an affidavit - No case of grant of leave to contest the..........
