Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for permanent injunction by tenant restraining landlord from evicting him without following due process of law - Defendant can advance a counter claim with the relief of eviction, arrears, house rent and damage - In view of admitted relationship, such a counter claim can never be said to be not..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Sub-letting - Plea of franchisee - However, failure to produce any document of franchisee - No document on record that tenant is occupying disputed premises or even part thereof - Tenant thus, walked out of premises and exclusive possession of property given to sub-tenant, who is running his..........
Transfer of Property Act, 1882, Section 106 -- Notice - Amendment of 2003 - Eviction suit - Though suit was filed in 2002 but said amending provision of Act having retrospective effect - As per amendment no objection with regard to termination of tenancy is permitted on the ground that legal notice as long as a period of 15 days was otherwise given to tenant to vacate the..........
East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13B - - Eviction - Non-payment of rent - Assessment of provisional rent - Tenancy admitted by both parties and was reduced into writing - Plea taken by one of the tenant is that his signatures were obtained on blank stamp paper on plea to install electricity connection held, not tenable - More..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Unsafe and unfit for human habitation - Rebuilding - Approval of sanction of building plan is not sine qua non for seeking eviction of tenant...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Unfit and unsafe for human habitation - Rebuilding - Whether the construction is possible on common wall is to be seen when the building is to be reconstructed and it is between the neighbours and landlord to resolve this issue at the time of building and rebuilding - Tenant is estopped from disputing..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Unsafe and unfit for human habitation - Rebuilding - Building in question 100 years old - Re-building is not possible without evicting the tenant - Landlord has proved that he has sufficient funds for reconstruction of building since he wanted to put the building for better use after reconstruction -..........
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..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14 -- Production of documents - Eviction petition - Tenant sought production of rent notes of other three shops which have been let out before filing of eviction petition - Production of rent notes from landlord would be necessary for proving bona fide need of landlord - Landlord directed to produce said rent..........
