Civil Procedure Code, 1908, Order 15A(A -- Rent and eviction - Relationship of landlord and tenant denied - Question of pressing into service O.15-A CPC does not arise...........
Madhya Pradesh Accommodation Control Act, 1961, Section 13 -- Eviction - Default in payment of rent - Protection against eviction u/s 13(5) of the Act - Available to tenant only if he regularly pays rent after suit is filed - It does not confer power on Court to condone defaults in payment of rent after suit is filed...........
Rent and eviction -- Bona fide requirement - Comparative advantage and disadvantage - Court has to take into account, while comparing the advantages and disadvantages of the respective parties the interests of the person for whose benefit the house and shop is held whether he being landlord or tenant - Law leans in favour of the person to whom the greater inconvenience and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - To run a joint business of grocery by landlady and her husband - Requirement is presumed to be bonafide and genuine - Merely because landlady has two shops, tenant is not to dictate as to how landlady is to adjust herself - Tenant rightly evicted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - To run a joint business of grocery by landlady and her husband - Dependency of husband - Husband of landlady is pensioner from a bank - Due to high rates of inflation, husband is said to be dependent upon her wife - Tenant held, rightly evicted...........
Rent and Eviction -- Tenant is not to dictate landlord as to how utilize his properties and how to be squeezed in accommodation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of eviction petition allowed, viz. (i) proposed amendment does not change the nature of suit; (ii) amendment does not introduce any fresh cause of action; (iii) amendment is relevant for deciding the question of subletting and availability of alternative accommodation with tenant; (iv) facts..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Non-payment of rent - Death of landlord - Plea of tenant that all legal representatives were not available on record despite the fact that son of landlady as co-applicant was already on record - Order declining stay operation of ejection order does not suffer from any infirmity or illegality -..........
Rent and eviction -- Dispute before Rent Controller is qua only the landlord and tenant and he unnecessarily need not be the owner of property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought by landlord only to elaborate his ground of bonafide requirement - Amendment will only help Rent Controller to come to valid conclusion as to whether requirement is justified and bona fide - Evidence not yet complete and no prejudice will be caused to tenants if amendment is..........
