Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell is not in the nature of part performance of contract to sell the suit property - Possession of property was with the purchaser as tenant of property - Effect of continued possession is that said purchaser is entitled to hold property without any rent or user charges as entire consideration..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 200 kg poppy husk from the store rented to accused - Prosecution failed to prove that shop was rented to accused, as no evidence is on record which shows that store was in occupation and possession of accused in capacity of tenant - More so, there is no rent note on record regarding said rented..........
Co-owner -- Suit for possession by one of co-owners - Is maintainable for eviction of tenant...........
Civil Procedure Code, 1908, Order 21, Rule 36 -- Execution of eviction decree - Recurring infringement of decree by tenant - Second execution petition filed by subsequent purchaser - Maintainability - Tenant earlier vacated rented premises but subsequently trespassed into it - Executing Court would not become functus officio to pass second order of delivery - Thus,..........
Civil Procedure Code, 1908, Section 35A -- Infringement of decree by tenant - Compensatory costs - Tenant enjoying possession of property despite eviction decree passed about 40 years back - Compensatory costs of Rs.50,000/- awarded...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 13 -- Repair of damaged shutter - Allowed by trial Court but declined by Appellate Court on the ground that tenant is habitual defaulter in the matter of payment of rent and that estimate has not been prepared - Landlord directed to repair-replace the shutter of the shop premises within a month failing which tenant..........
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,..........
