Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Revision - While exercising revisional power, High Court cannot reappreciate evidence on record, both oral and documentary - Revisional jurisdiction is confined to find out whether findings of fact rendered by Court or Authority below were according to law and do not suffer from any error of law...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, 15(6) -- Eviction order - Upheld by Appellate Court - Revisional Court set aside eviction order - High Court while exercising Revisional jurisdiction did not spell out or advert to any perversity in the findings rendered either by Rent Controller or by Appellate Authority - Impugned order set aside -..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 6 -- Unauthorized Occupant - Disposal of property lying on public premises - Act authorizes Estate Officer to dispose of goods lying on public premises - It is immaterial whether said goods belong to erstwhile tenant/licensee or any other party - It is also not necessary that there should be a privity..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3) -- Rent and eviction - Non-payment of rent - Partial surrender of premises - Split up tenancy arrangement sought for by bank and partial surrender of first floor and second floor of tenanted premises was per se illegal and wrong therefore, bank is liable to pay rent taking monthly rent of tenanted..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Son of original tenant sought impleadment after almost 6 years of filing of eviction suit - No date or month is mentioned in the application as to when applicant was aware of pendency of eviction proceedings - Vague and cryptic explanation given by applicant - Moreover, similar..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Eviction decree - Objection by sub-tenant - Sub-tenant though established his exclusive possession, but failed to establish payment of rent to original tenant - Payment of rent is essential element of lease or sub-lease - In the absence of same, no tenancy or sub tenancy can be proved - Objection rejected...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20 -- Revision - Eviction decree - Powers of High Court - Courts below were well supported by evidence on record and could not even be said to be perverse in any way - High Court could not have re-appreciated evidence and concurrent findings rendered by Courts below ought not to have been interfered by High Court..........
Rent and Eviction -- Order of eviction - Reasonable time to vacate - Granted subject to payment of mesne profits - Shop let out on rent of Rs.300/- per month - Tenant to pay mesne profits at the rate of Rs.1,000/- per month from the date of passing of eviction order till passing of order in second appeal and at the rate of Rs.4,000/- from the date of passing of order in..........
Maharashtra Rent Control Act, 2000, Section 55, 15, 16(1)(g) -- Rent and eviction - Unregistered tenancy agreement - Relationship of landlord and tenant - Proof of - If tenancy is created after commencement of the Act it should be in writing and document should be registered and for violation of these requirements landlord can be convicted and punished with imprisonment -..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i), 10(3)(a)(iii) -- Rent and eviction - Non-payment of rent and own use and occupation - Tenant failed to pay rent in time - Landlord accepted that tenant paid rent before January, 2009 - Tenant failed to file any document to substantiate fact that she paid rent from January, 2010 to May, 2010 to..........
