Agreement to sell -- Specific performance - Agreement uncertain as it does not specify sale consideration or the mode and manner of determining sale consideration - Moreover, it is inconceivable that landlord while agreeing to sell his flat to tenant would agree that rent paid till the completion of sale would be adjusted in the price - Agreement executed in the year 1992..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 2(g) -- Jurisdiction - Relationship of parties that of landlord and tenant - Relationship not in the category covered under the Act so as to enable jurisdiction of Tribunal under the Act - Tribunal under the Act has no jurisdiction - Impugned order of eviction set aside...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide requirement - Landlord required the demised shop for business purposes - However, landlord is owner of three adjacent shops out of which one is lying vacant - Nothing on record to show that demised shop is the only premises which would be suitable for running business - Moreover, evidence on..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - Non disclosure of full facts in earlier petition - Cannot lead to inevitable conclusion that in subsequent petition landlord would make out a false case...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - Personal necessity - Presumption - If a landlord seeks eviction for commercial purposes, his need should always be presumed as correct, genuine and bonafide...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(b) -- Eviction - Leave to defend - In cases where a leave is refused to the tenant to defend the proceedings brought by the landlord, eviction of tenant has to be ordered an as automatic consequence...........
Rent and eviction -- Adverse possession - Once relationship of landlord and tenant is admitted, then tenant is stopped from claiming adverse possession - Moreover, failure of tenant to vacate property despite notice to quit, will not give him right to claim adverse possession - There was no obligation of trial Court to delve into issue of limitation of its own...........
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..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(a)(i) -- Eviction - `His own occupation' - Family - Provision is extended to be encompassing within its ambit the bona fide need of residential accommodation of not only the landlord, her husband and children but also of his/her dependants...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery of possession - Defendant admitted the relationship of landlord and tenant between her and plaintiff - Defendant's tenancy had been validly terminated by plaintiff u/s 106 T.P.Act, upon issuance of legal notice and if not so, then upon service of summons in suit on her along with accompanying..........
