Rent and Eviction -- Sub-letting - Contradictory stand of tenant - Denial of sub letting in written statement - However, in examination-in-chief it was stated that sub tenant is his employee and in the next breath it was stated that sub tenant is partner in tailoring business - It seems that tenant was not sure as to what stand he should take to meet the plea of sub..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Agreement to sell - Presenting three post-dated cheques without intention of letting them e, cash whether amounts to a promise or not, is a question which cannot be determined without giving opportunity to adduce evidence - Prima facie, pleadings has certain elements of fraud - Thus,..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by sub-tenants - Sub-tenants contended that sub-letting is lawful as per Karnataka Rent Act - Contention rejected, as suit was filed seeking eviction of JD by terminating tenancy u/s 106 of T.P Act, therefore, provisions of Karnataka Rent Act held, not applicable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a co-sharer in a partition suit..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 2(1)(d) -- Industrial purpose - Nature of job - Admittedly, kharad machine is installed on shop in dispute, which is only turners job and is being carried on very small basis in market area and no industrial building is required for that purpose - Hence, turners job at such scale..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Release of premises - Bonafide requirement - When family of landlord is large and they are engaged in tailoring work or other job and they want to set their own permanent business, then for said purpose bonafide need cannot be disputed...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Release of premises - Bonafide requirement - Comparative hardship - There is no evidence on record that petitioners has ever made any serious effort to search out any alternative accommodation - Hence, comparative hardship not proved on record - Petition dismissed...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Release of premises - Bonafide requirement - Comparative hardship - Long duration of occupation - Cannot be a ground for tilting issue of comparative hardship in favour of tenant...........
Rent and Eviction -- Sub letting - Transfer of interest in tenancy leading to creation of third party interest - Sub letting of premises for commercial purpose agreed to by the parties - However, transfer of interest in tenancy leading to creation of third party interest in the suit property could not have been done in the absence of a specific term in the rent agreement -..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20(2), Evidence Act, 1872, Section 116 -- Eviction petition - Estoppel - Denial of title - As per the own stand of defendant, he is tenant of disputed house which of which plaintiff are landlord and, therefore, defendant is estopped from denying landlordship of plaintiff in view..........
