Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction order - Bonafide necessity - Plea of tenant that conduct of landlord in purchasing this property with intention to sell the same to the owner of adjoining property has no merit or reflect malafide on the part of landlord - Moreover, it is evident that first floor of property was sold as landlord..........
Rajasthan Rent Control Act, 2001, Section 9 -- Eviction petition - Arrears of rent - Period of arrears of rent which may be demanded by notice is not required to be the same as four months default which is a ground for eviction under the main clause - Arrears demanded may be less than or may be more than four months and on that ground application for eviction cannot be..........
Hindu Adoptions and Maintenance Act, 1956, Section 3(b), 18, 22, 23 -- Maintenance - Merely paying of rent is absolutely no excuse to not maintain his wife and children...........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(f) -- Rent and eviction - Bonafide need - Plea of landlord, he cannot start his business of dry-fruits in the market `S' as said market is mainly a market of cloth business - As landlord is best judge to decide as to which place is suitable for his business, therefore, tenant cannot insist that landlord can..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 2 -- Eviction order - Execution proceedings - Application U.O.21.R.2 CPC - Dismissal of application - Courts below rightly stated that objections have been filed with a malafide intention only with a view to delay execution proceedings - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 25 - - Eviction suit - Issue regarding other co-owner/members of Hindu Undivided Family not impleaded as party - Tenant admitted having paid rent to plaintiff - On the contrary, there is a statement recorded of plaintiff as per his rejoinder of being landlord - More so, no other co-owners has come forward to challenge or object..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and permanent injunction - Restraining of defendants from interfering with peaceful possession of plaintiffs - Report of Amin establishes that plaintiffs and defendants were in occupation of their respective shares as per sale-deed - However, plaintiff proved continuous physical possession apart from..........
Eviction petition -- Non-payment of rent - As per petitioner, rent could not be paid on date that eviction was ordered because he was unwell, with no medical evidence to support that and further, demand draft for outstanding arrears of rent being of a date one month and nine days after eviction was actually ordered - Fact that lawyers were abstaining from work on that..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that exchange of gifted property was illegal, null and void - Property in question donated to School vide gift deed for the benefit of students of school - Oral exchange of valuable property with u, irrigated inferior quality of banjar land situated in remote corner of village, was wholly collusive and illegal..........
Constitution of India, 1950, Article 226, 227, Rajasthan Rent Control Act, 2001, Section 3(iv), 18 -- Eviction petition - Compromise - Once organization has volunteered to enter into compromise and agreed to vacate rented premises it does not lie in mouth of organization to disown its commitment - Moreover, it is nowhere pleaded in petition that agreement of compromise..........
