Rent and eviction -- Eviction order on one of the grounds taken by landlord - Merely because landlords have taken possession on the basis of an order of eviction granted on one ground, that does not mean that surviving grounds have become no, est - For all practical purposes and legal consequences, said grounds do survive to be considered under law...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction - Leave to appeal not filed within statutory period by tenant - Eviction has to follow and there is nothing else to contend - Tenant rightly evicted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Plea of purchase of some part of suit property by tenant - Plea rejected, as tenant firstly has to surrender the possession and then agitate for his rights...........
Rent and eviction -- Arrears of rent - Whenever arrears of rent is allowed to be paid in instalments, beneficiary shall be granted interest - This is irrespective of the justification or explanation, if any, available for the non payment. (West Bengal Premises Tenancy Act, 1956, S.17(2-A)..........
Rent and Eviction -- Eviction order on ground of arrears of rent and reconstruction - High Court remitted the matter as trial Court had not ascertained whether tenant was willing to reoccupy the premises after reconstruction - Held, once eviction on ground of arrears of rent is sustained, there is no question of ascertainment of willingness of the tenant to reoccupy the..........
Assam Urban Area Rent Control Act, 1972, Section 5(4) -- Non-payment of arrears of rent - Demand notice issued - Tenant not depositing rent within prescribed time i.e. within fortnight from date of service of notice - Eviction on ground of non payment of rent, held, proper...........
Evidence Act, 1872, Section 116 -- Estoppel - Denial of title of landlord by tenant - Original tenant accepted grandmother of appellants as his landlady and thereafter continued to pay rent to her son father of appellant - Tenant is estopped to dispute status of appellants as his landlord in a suit for eviction...........
Rent and eviction -- Sub letting - Original tenant constructed his own house, where he is residing with his wife - Accommodation of nephew of tenant in suit premises amounts to sub letting, as it was without knowledge and approval of landlord...........
Rent and eviction -- Co-owners - Eviction petition can be filed by one of the co-owners and it would be no defence to the tenant to question the maintainability of the suit on the ground that the other co-owners were not joined as parties to the suit - When property is owned by several co-owners, every co-owner owns every part and every bit of the joint property along with..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), 11(4)(iii), 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Subsequent events - If grounds were not available on date of filing of petition, it will not fall under "defect" or "error" contemplated u/S.23(1)(j) of Act - If the..........