Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Building and rebuilding - Tenant contended that since landlord has not sufficient funds for reconstruction thus he cannot be evicted - Contention rejected, as petition cannot be allowed only on that point, since tenant did not cross-examine landlord when he appeared in witness box on the point that..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Building and rebuilding - Report of architect shows that building in question is very old and would fall at any time and would cause injury to general public and that it is necessary to dismantle the old building - Said report is trustworthy, reliable and inspires confidence of Court - No evidence on..........
Transfer of Property Act, 1882 -- Eviction - Notice - Lease agreement executed between parties for a period of three years having no clause for extension of the same - Defendants failed to vacate suit premises after expiry of lease period - Notice u/s 106 of the Act was duly issued upon failure of defendants to vacate suit premises - No infirmity in the impugned order of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought based on subsequent event when plaintiff refused to accept the amount sent by defendant and denied the relationship of landlord and tenant between parties - Said amendment clearly appears to be an attempt to create evidence during pendency of suit so as to..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 6A, Transfer of Property Act, 1882, Section 106 -- Eviction - Termination of tenancy - Requirement of notice - No formal notice served upon tenant regarding termination of tenancy - Held, where parties were already in litigation in previous suit on same cause of action which was later dismissed - There is no..........
Delhi Municipal Council Act, 1994, Section 63 -- Annual rent - Basis for fixation - Where building is self-occupied and where there is no sub-lease, annual rent will have to be fixed on the basis what landlord might reasonably expect to get from a hypothetical tenant - However, such fixation has to be made only as per NDMC Act...........
Transfer of Property Act, 1882, Section 53A, 108 -- Agreement to sell by landlord with tenant - Part performance - An agreement to sell by landlord to sell the premises let out to the tenant does not, in the absence of landlord having put the tenant into possession of the property in part performance of the agreement to sell, prevent the landlord from suing the tenant from..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to incorporate the fact that tenant does not deny the relationship of landlord and tenant which she earlier denied in her written statement - Landlord has no objection to the said amendment, but only that this is to delay the proceedings - However, tenant..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35, Maharashtra Rent Control Act, 2000, Section 15 -- SARFAESI ACT & Rent Control Acts - Once tenancy is created, a tenant can be evicted only after following due process of law, as prescribed under the provisions of Rent Control Act - A tenant cannot be..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35, Maharashtra Rent Control Act, 2000, Section 15 -- SARFAESI ACT & Rent Control Acts - Overriding effect - Provisions of SARFAESI Act cannot be used to override the provisions of Rent Control Acts to allow a Bank to evict a tenant from the tenanted premise, which..........
