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..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 18 -- Eviction petition - Sanctioned/approved plan - There is no statutory requirement to have sanctioned/approved plan to seek eviction on ground of rebuilding and reconstruction as provided under the Act...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction order - Non-payment of arrears of rent - Tenant directed to pay arrears of rent on or before next date of hearing but tenant instead of doing needful in terms of order himself chose to file appeal before appellate authority wherein, admittedly no stay ever came to be granted against said order - No..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30 -- Eviction petition - Issue raised by defendants is improper communication of sale deed - This cannot be accepted for reason that notice has properly been served, defendants have accepted change of landlordship in their written statements and also payment of Rs.32/-p.m u/s 30..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Eviction suit - Petitioner never prayed for appointment of Court Commissioner before Rent Tribunal - Rather, petitioner specifically came up with a case that she is in possession of premises in question - Action of petitioner of requesting to appoint Court Commissioner is nothing but an..........
Rent and Eviction -- Denial of relationship between landlord and tenant - Tenant claimed to be owner of suit property on basis of agreement of sale - Agreement of sale does not create a title in favour of purchaser which can be effected only in terms of S.54 of T.P.Act i.e by way of a registered sale deed - Recovery certificate rightly issued in favour of landlord...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Protection of tenant against eviction - Plea of alternative accommodation - Mere existence of other properties which are in fact denied by landlord would not enure to benefit of tenant in the absence of any pleadings and supporting material before Rent Controller to the effect that they are reasonably suitable for..........
Delhi Rent Control Act, 1958, Section 25B(5) -- Eviction petition - Leave to defend cannot be granted to tenant on mere asking...........
Delhi Rent Control Act, 1958, Section 25B(5) -- Eviction petition - Leave to defend - Defence set up by tenant is only a moonshine, as bona fide need of landlord is satisfied - Averments regarding alternative accommodation are vague and title of landlord cannot be questioned and embargo under Enemy property Act does not get attracted - However, High Court in its revisional..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material impairment of value and utility of building - Removal of such impairment after filing of eviction petition - Once acts of tenant puts ownership of landlord at peril, such acts or omission do fall within expression impair materially the value and utility of building - Eviction order..........
