Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12, 13 -- Eviction - Eviction petition filed after 16 years of local commissioners' report in petitioner case for repair of premises - Premises was constructed in mud around 80 years back - Held that apparent on record that demised shop completely unsafe and unfit for human habitation - However, out of sheer..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 24(5) -- Rent and eviction - Exercise of revisional jurisdiction - Appeal is maintainable against an order which otherwise decides fate of parties and are not otherwise excluded under the Act, all other interlocutory orders are amenable to revisional jurisdiction of High Court...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 24(5) -- Revision - Preliminary issue decided against tenant - Maintainability of revision petition - Admittedly, tenant and his wife purchased 1/3rd share in demised premises - However, despite that status of tenant as a lessee does not get merged into status of a co-sharer - Said adjudication decided fate of parties..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Consent decree - Objections (i) that consent order was obtained by concealing material facts which was in the nature of fraud; (b) that no decree was drawn after passing the consent order; (c) suit in which consent order was passed was not maintainable in view of S.50 of Delhi Rent Control Act - Held, all..........
Punjab Rent Act, 1995, Section 24(3), Evidence Act, 1872, Section 67 -- Eviction - NRI Landlord - Bona fide necessity - Leave to defend - S.67 of Evidence Act has no application at time of deciding question as to whether leave to defend is to be granted to tenant or not - In case, the respondent would fail to prove his "NRI" character before rent controller, during further..........
Punjab Rent Act, 1995, Section 24(3) -- Eviction - NRI Landlord - Bona fide necessity - Leave to defend - Simple challenge of the petitioner to the title of the respondent is not sufficient to grant him leave to defend - Entire burden as on date is upon the landlord to prove his case u/S.24(3) of Act, in which, the petitioner has nothing to contribute - In case, landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction - Impleadment of Necessary Party - In absence of any rent receipt or rent agreement, respondent no.3, can only be termed as stranger - Landlord is dominus litis and cannot be compelled to face litigation against stranger by impleading him as a party against..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Murder case - Non-mentioning of name of accused in the FIR, would go to root of matter and omission is far too significant so as to be ignored, particularly when informant claimed that accused took his house on rent...........
Rajasthan Rent Control Act, 2001, Section 9(a) -- Eviction petition - Default in payment of rent - Notice reveals that though landlord claimed that rent of premises for a period of more than 4 months is due but neither actual period of rent nor the amount of rent due was specified in notice issued - Thus, while serving notice the amount due towards arrears of rent which..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Bonafide requirement - Requirement of Shop for business for her son - Landlady having eight shops out of which two are under her possession and remaining six are under tenancy of different tenants - Tenant cannot be permitted to dictate his choices to the Landlady as to which shop would be..........
