Possession -- Illegal possession - Damages - Appellant in possession as a trespasser since 1990 - Rs.3,000/- per month determined as damages after hearing the parties as to monthly rent which it could fetch in the market during period in question - Appellant granted three months time to vacate and directed to pay damages within three months for use and occupation of..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint/dismissal of suit - Issue of relationship of landlord and tenant decided by Rent Controller - Same issue re-agitated in civil suit - Issue already settled cannot be allowed to be re-agitated all over again - Suit dismissed in exercise of inherent power u/s 151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of eviction petition, dismissed in default - Landlord an old man of 79 years suffering from various ailments, was not residing at Shimla during winter season - Therefore he had no occasion to have come to know about the order passed in the rent petition - Delay as occurred stand satisfactorily..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Rent petition - Dismissal in default - Restoration - Appeal against order dismissing application U.O.9.R.9 CPC - Such appeal is maintainable as per scheme of CPC, until otherwise specified by Government by way of issuance of an appropriate notification...........
Transfer of Property Act, 1882, Section 106, 113 -- Suit for eviction - First Notice - Acceptance of rent after issuance of first notice - Landlord giving second notice and then filing suit for eviction - Mere acceptance of rent does not amount to waiver of first notice unless there is any other evidence to prove that landlord intended to do so - Tenant liable to evict..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Arrears of rent - Plea of tenant that words `within 15 days' and `the last day of month next' prescribe period of limitation - Plea held, misconceived as these expressions actually prescribe cause of action - If there is a written rent note which stipulates a date by which tenant has to make..........
Evidence Act, 1872, Section 65 -- Secondary evidence of rent note - Rent not was unregistered and not stamped whereas it was a document which was compulsorily registrable - Secondary evidence of a document which required registration cannot be allowed - Application rejected...........
Evidence Act, 1872, Section 45, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Expert opinion - Eviction petition - Application filed by petitioner to give his specimen signatures for purpose of getting it compared from fingerprints expert dismissed - Petitioner has raised a categoric plea that he signs in English and does not sign in Punjabi - Once petitioner..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Deletion of name of original proprietor from array of parties - Eviction petition - Proprietorship concern - Proprietorship has no independent existence and tenancy in favour of a proprietorship concern is to be construed as tenancy in favour of its..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Delay in deposit of rent - Tenant paid the rent even though a little late - Defence should normally not be struck off at a very belated stage when evidence was led after exchange of pleadings - Order striking of defence of tenant set aside...........
