Rent and Eviction -- Eviction order - Concurrent findings of two Courts - Held, High Court exceeded its jurisdiction in interfering with the concurrent findings of fact of two Court below while allowing writ appeal entirely on new ground of maintainability of application without examining the legality and correctness of the concurrent findings of two Courts below...........
Rent and Eviction -- Eviction order - Writ petition - Concurrent findings of facts of two Courts below - Binding on Writ Court because these findings were based on appreciation of evidence and therefore did not call for any interference in the writ jurisdiction...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Possession - Plaintiff must show his lawful possession - Plaintiff not paid rent for more than fifteen years cannot be said his possession is lawful possession entitling him to grant of permanent injunction...........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(a), 13(1) -- Rent and eviction - Non-payment of rent - Once right of defence has been closed due to non-payment of rent, Court ought to grant decree u/s 12(1)(a) of the Act for eviction...........
Rajasthan Rent Control Act, 2001, Section 6 -- Revision of rent - S.6 of the Act empowers landlord to obtain revision of rent and to calculate rent from date of initiation of tenancy - But in the event landlord does not choose to invoke machinery of revision of rent as provided in S.6 and S.14 of the Act, agreed rent between parties shall not automatically be changed nor..........
Rajasthan Rent Control Act, 2001, Section 6 -- Revision of rent - Tenant paying rent as agreed between parties before commencement of Act and even after commencement of Act - Landlord cannot claim revision of rent as per agreement @ 10% p.a after enforcement of Act - Observation of High Court that landlord was entitled to rent as was payable on date of commencement of Act..........
Rajasthan Rent Control Act, 2001, Section 9 -- Eviction - Default in payment of rent - Tenant not paying rent as agreed between parties - Landlord demanded arrears of rent for seven months - Landlord having not added 10% increase in rent demanded, there was no breach of S.6 of the Act - Tenant having not paid arrears of rent as demanded by landlord, held, rightly evicted..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional assessment of rent - Denial of relationship of landlord and tenant - When relationship of landlord and tenant is denied, Rent Controller is not required to make provisional assessment of rent payable by tenant or to give opportunity to tenant to pay rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Denial of relationship of landlord and tenant - Plea that denial of relationship of landlord and tenant on the part of tenant was bona fide and therefore he be allowed to tender rent at this stage - Tenant cannot be allowed to tender rent at this stage - Order of eviction, upheld...........
Rent and Eviction -- Bona fide requirement - Landlord a retired man, has every right to live in his house, with his family - Tenant rightly evicted...........
