Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of eviction petition - Landlord by way of amendment sought additional prayer to the effect that vacant possession of suit property may be handed over to him - Such additional prayer will only clarify prayer clause of landlord without any prejudice to tenant - Application allowed...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Purpose and object of O.15.R.5 CPC is to ensure that after determination of lease, while tenant is occupying the suit property during pendency of eviction proceedings, landlord must not be deprived of rent qua said period as it would cause undue loss to him...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Rate of rent between parties is Rs.2 lakhs per month which is not specifically denied by tenant - Nothing on record to prima facie substantiate the submission made by tenant that he paid the rent regularly - Even if Rs.15 lakhs paid by tenant to landlord as security as alleged by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Application dismissed only on the ground that same had been filed at the fag end of trial - Issue as to whether amendment in question ought to have been allowed keeping in view the facts which have emerged in the cross examination of respondent-landlord not touched upon - Impugned order set..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Non-payment of rent - Denial of title of plaintiff and denial of relationship of landlord and tenant simplicter does not and cannot absolve lessee/tenant to deposit the due amount of rent/damages for use and occupation, unless he could show having made such payment in a lawful and bonafide manner...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction petition - Petitioner disputed the title of landlords - If a dispute is raised by a person qua title of landlord, appropriate remedy available to such person would be before a civil Court - He would be precluded from being impleaded as a party U.O.1.R.10 CPC in an eviction petition to claim..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Tenant not pleaded in the plaint that original Rent Note is with the landlord - It is immaterial as tenant while seeking permission to lead secondary evidence has to explain the absence of primary evidence as a pre condition before leading such evidence, which can be given at any stage before or when evidence is being..........
Rent and Eviction -- Mesne profits - Date from which payable - After passing decree of eviction tenancy terminates and from the said date landlord is entitled for mesne profits or compensation depriving him from the use of premises...........
Transfer of Property Act, 1882, Section 116 -- Termination of lease - Mere acceptance of rent by landlord after expiry of period of lease would not amount to waiver of termination of lease...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 21 -- Eviction petition - Withdrawal of amount deposited as arrears of rent - When applicant has pleaded having settled matter amicably with legal heirs of landlord and further that payment of rent of premises in question had been made to legal heirs of original landlord and also that possession of premises in question..........
