Civil Procedure Code, 1908, Section 35, Order 23, Rule 1 -- Withdrawal of eviction suit - Litigation costs - Respondent was a tenant and in arrears of rent - It therefore, cannot be said that tenant was sued without a cause - Since arrears of rent, interest and expenses to avoid eviction deposited by tenant as such no cause of action against tenant remained thereafter - No..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25(8) -- Eviction petition - Bonafide requirement - Leave to defend granted to tenant - Dishonest conduct of landlord - Triable issue raised by tenant therefore, leave to defend rightly granted to tenant...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - During pendency of appeal against eviction order application is filed for impleadment of respondent no. 5 (representing Government) on ground that suit land belongs to Government - If Government has any interest in suit property, it might have filed application during pendency of suit..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - Bonafide requirement - Leave to defend - Indian citizenship - Proof of - Any person who is willing to come back to India and who was born or whose parents were in manner defined, will continue to be NRI notwithstanding any assumption of citizenship of foreign country - However,..........
Transfer of Property Act, 1882, Section 106, 111(h) -- Notice - Termination of lease - Plaintiff purchased the property in Court auction - Lease was terminated by plaintiff soon after purchase, as auction purchaser was not bound by the terms of lease deed executed by erstwhile lessor - Renewal/extension clause of lease deed cannot be enforced against plaintiff, until and..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f), 19 -- Domestic relationship - Right to residence - Daughter-i, law estranged from her husband living with mother-i, law in premises owned by mother-i, law falls within a `domestic relationship' - Obligation not to disturb the right to residence in shared household would continue even if mother-i, law does..........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 14 -- Eviction - Non-payment of rent - Payment of rent to Rent Controller instead of Landlord is not a valid payment, as neither any intimation was sent to landlord nor any request was made for withdrawal of same - It is only after expiry of statutory period of 30 days, when landlord filed an application for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Landlord required the premises to run a hotel to settle his son - There is a presumption that landlord has bonafide need of the premises in question - It is for the tenant to rebut the same but tenant failed to do so - Merely by saying that landlord is selling one portion, it cannot be invariably held..........
Civil Procedure Code, 1908, Order 15A, Rule 2(As -- Striking off defence - Failure to deposit arrears of admitted rent every month - Court has power to strike off tenant's defence after giving him show cause notice U.O.15A.R.2 CPC...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Building and rebuilding - Landlord can evict tenant for purpose of rebuilding in order to increase the economic utility of premises...........
