East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for eviction - Bonafide need - Exparte order of eviction during pendency of first proceedings - Setting aside of - There is sufficient explanation for non-appearance of petitioners in present proceedings - Petitioners had deposited the arrears of rent and mesne..........
Rajasthan Rent Control Act, 2001, Section 9 -- Eviction - Default in payment of rent - Tenant not paying rent as agreed between parties - Landlord demanded arrears of rent for seven months - Landlord having not added 10% increase in rent demanded, there was no breach of S.6 of the Act - Tenant having not paid arrears of rent as demanded by landlord, held, rightly evicted..........
Karnataka Rent Control Act, 1961, Section 21 -- Rent and eviction - Arrears of rent - Contradictory findings recorded by Trial Court without recording any reasons - Judgment quashed and set aside - Trial Court directed to decide issue by speaking order...........
Transfer of Property Act, 1882, Section 106, 113 -- Suit for eviction - First Notice - Acceptance of rent after issuance of first notice - Landlord giving second notice and then filing suit for eviction - Mere acceptance of rent does not amount to waiver of first notice unless there is any other evidence to prove that landlord intended to do so - Tenant liable to evict..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Arrears of rent - Plea of tenant that words `within 15 days' and `the last day of month next' prescribe period of limitation - Plea held, misconceived as these expressions actually prescribe cause of action - If there is a written rent note which stipulates a date by which tenant has to make..........
Limitation Act, 1963, Article 136 -- Execution - Limitation of 12 years - Starting point - Decree for possession and arrears of rent - Doctrine of merger - Judgment of trial Court was affirmed by First Appellate Court and was further affirmed by Second Appellate Court - Decree passed by High Court becomes enforceable in view of doctrine of merger - Execution petition filed..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Non-payment of outstanding rent - Finding of Rent Controller that arrears of rent were paid three years prior to filing of eviction petition - Finding of Rent Controller not assailed - Landlord cannot be permitted to make submissions for payment of default of arrears of rent at this stage...........
Maharashtra Rent Control Act, 2000, Section 15 -- Suit for eviction - Challenge against order of eviction - Claim for arrears of rent - Petitioner/tenant raising a dispute about the quantum of rent - Nothing on record to show that the petitioner deposited arrears for the said period at rate of rent claimed by him or rate fixed by Trial Court in its order within a period of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Suit for possession and for recovery of arrears of rent - Amendment sought for typographical error which crept in prayer clause of plaint wherein erroneously possession of only half of suit property stood claimed by plaintiffs, whereas plaintiffs are owners of entire land -..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20(4) -- Eviction - Non-payment of arrears of rent - Protection from eviction by taking benefit of S.20(4) of the Act - Son of tenant, who is member of family being a male lineal descendants, has built his residential house in the same city and he is in its possession - Tenant can..........
