Civil Procedure Code, 1908, Section 100, Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(1)(a)(h), (j), 2(2) -- Second appeal - Eviction petition - It is apparent that out of three grounds of eviction found concurrently by two Courts below based on decree of eviction has been passed - While appellant has no questioned correctness of two grounds i.e...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of fair rent - Rent Controller considered evidence and document with reference to same locality of petition mentioned property and found that tenant herein have not disputed that market value and they have not produced any contra evidence or document that at relevant point of..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of rent - Revision - While deciding revision, revision Court cannot sit in armchair of appellate Court and revisit entire evidence - If any perversity in appreciation of evidence, revision Court can interfere with and perversity can be rectified...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of rent - Non examining of witness or party to document will not vitiate case of landlords and Rent Controller can consider records and other evidence...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 8(5) -- Suit for eviction - Wilful default in payment of rent - Tenants neglected in paying rent in time and continued to deposit rent irregularly during pendency of the proceedings and hence their conduct was held to be wilful - Suit rightly decreed...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 8(5) -- Suit for eviction - Wilful default in payment of rent - Subsequent payment - Not an excuse - Tenant cannot be relieved from consequences of wilful default prior to filing of eviction merely because he paid arrears subsequently...........
Rajasthan Rent Control Act, 2001, Section 18, 19 -- Final order passed by Rent Tribunal u/s 18 of the Act - Is appealable u/s 19 of the Act before Rent Tribunal...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - First suit filed for declaration before civil Court and subsequent suit for eviction filed under provisions of Maharashtra Rent Control Act - Jurisdiction of Courts dealing with both the suits is completely distinct and different - Reliefs prayed for in subsequent suit also stands on a different footing..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i), 10(2)(ii) -- Eviction petition - In said petition, partition deed was filed - Perusal of order passed by Rent Controller would go to show that R.C.O.P itself has been filed for eviction and in said petition partition deed was marked - Since rights of party has been given effect to in said document..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(4) -- Eviction petition - Leave to defend - S.25B(4) of the Act provides that service of application u/s 14(1)(e) of the Act, the tenant has to file an application for leave to defend which has to be considered by Rent Controller - If Rent Controller does not find any merit in application for leave to defend or if the..........
