Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenant seeking injunction from forcible dispossession by landlord - Trial Court rejected application - Appellate Court granted injunction - Order calls for no interference...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Tenant admitted all aspects required to be established by a landlord in a suit for possession - Trial Court rightly decreed suit with respect to possession...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Tenant had offered to pay the rent to landlord - However, landlord himself refused to accept the same - Provision of O.15.R.5 CPC in such situation cannot be attracted - Application to deposit rent in Court, rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought by defendant to change his character of a tenant which was otherwise as admission made in written statement - Admission made in written statement cannot be permitted to be withdrawn - Even otherwise, tenant by merely denying relationship of landlord and tenant could not avoid..........
Rent and eviction -- Eviction suit - Limitation - Once relationship between parties being a tenant and landlord has been denied by tenants/defendants, who are claiming their ownership over suit property and denied right and title of plaintiff/landlord, period of limitation as applicable for instituting suit under U.P Urban Buildings Act is not applicable...........
Rent and Eviction -- Stay of eviction decree - Determination of compensation/mesne profit - Compensation determined on the basis of purchase price of property - Held, not proper - Compensation/mesne profit has to be determined at the rate at which landlord would have been able to let out the premises and earn rent if tenant had vacated the premises - Impugned order set..........
Rent and Eviction -- Bona fide requirement - Landlord required premises to set up business for his children - Eldest son of landlord still studying - There is no bar for someone who is pursuing higher studies, to start business - Order of eviction passed by Appellate Authority restored...........
Rent and Eviction -- Rate of rent - Purchase of building by appellant not disputed - Erstwhile landlord issued a letter of attornment of tenancy indicating rent of Rs.3200/- p.m. addressed to tenant with a copy marked to the appellant - High Court held that this letter of attornment of tenancy was not sufficient to prove the monthly rent to be Rs.3200/- - Held, High Court..........
Rent and Eviction -- Landlord and tenant relationship - Transfer of leased out property - Transferee, in the absence of any contract to the contrary, shall possess all the rights of landlord - Attornment by lessee is not necessary for the transfer of property - Transferee becomes landlord of lessee - Jural relationship between landlord and tenant established. (Transfer of..........
Rent and Eviction -- Bona fide need - Landlord being unemployed required premises for establishing his own business to earn his livelihood - Nothing elicited from cross-examination of landlord to establish that his requirement for personal occupation for said purpose is not genuine and that it is only a ruse for evicting tenants - Even, nothing could be elicited to..........
