Rent and Eviction -- Tenancy Acts provide for certain protections to the tenants beyond the contractual rights - Thus, provisions of Rent Act must be strictly adhered to...........
Civil Procedure Code, 1908, Order 38, Rule 1 -- Arrears of rent - Defendant directed to deposit the rental arrears failing which he will lose opportunity of defending the case - Order of trial Court, upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - Leave to defend - Rent Controller can grant leave to defend if affidavit filed by tenant discloses such facts as would disentitle landlord from obtaining an order for recovery of possession u/s 13-B of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - Leave to defend - Tenant is introducing new case which Supreme Court is not to entertain new pleas - Requirements of S.13-B of the Act are complied with by landlord - Onus is on tenant to disclose such facts as would disentitle summary eviction u/s 13-B of the Act, which he failed to do..........
Revenue record -- Mere entry in the column of possession is not sufficient to confer the status of tenant upon a person and payment of rent is to be established by the person claiming tenancy...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Suit for possession and recovery of arrears of rent - Mere fact that additional issues relate to tenability of suit or regarding ownership were not decided though framed, cannot be ground for remand, particularly when lower appellate Court could have decided the same considering law and evidence on record...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband is getting monthly salary of Rs.50,000 and he is owing 11 houses and getting Rs.90,000 as rent - He has not specifically disputed factum of owing houses and leasing out the same to third parties - Considering the economic status of parties, fixation of monthly maintenance at Rs.10,000 each..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Eviction suit - Tenant sought production of additional documents i.e site plan of disputed premises - However, said documents is of no relevance especially when rent petition has been filed on the ground of arrears of rent and bona fide requirement - Moreover, there is no whisper that despite..........
Civil Procedure Code, 1908, Section 10, 11, 151 -- Stay of subsequent suit - Barred by res judicata - Issue involved in the counter claim and rent application are separate and cause of action is distinct - Principle of res judicata would not operate and there would be no possibility of any conflicting decrees being passed - Applications u/ss 10, 151 CPC does not satisfy..........
