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...........
Wakf Act, 1954, Section 36(f), Wakf Act, 1995, Section 56 -- Restrictions on power to grant lease of wakf property - Eviction - No evidence adduced by respondents to prove that lease in favour of their predecessor in interest was created with previous sanction of Wakf Board, in compliance with relevant provisions of the Act in force at that time - Lease in favour of..........
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..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of deceased plaintiff - Suit for eviction jointly filed by plaintiffs - Deceased died during pendency of suit - Application for deletion of name of plaintiff filed before lower appellate Court - Appeal still survives even after death of plaintiff - Name of deceased plaintiff therefore may be deleted from..........
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..........
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..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5(1), 2(2A), 7 -- Eviction - Unauthorized occupant - Respondent was a lessee under appellant for a term of 21 years - Period of lease expired by efflux of time - Before expiry of lease period, there was discussion on question of renewal of lease - Terms proposed by appellant for renewal of lease not..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Revisional Jurisdiction - High Court has very limited power, which can only be exercise in following three infirmities committed by lower courts below: (i) if the courts below have exceeded their jurisdiction; (ii) have exercised their jurisdiction illegally and; (iii) have not exercised their..........
