Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Applicability to arbitral proceedings - Suit for recovery of possession, arrears of rent - U, registered lease deed - Principles analogous to O.12.R.6 CPC, are equally applicable to arbitration proceedings - There is no dispute between parties as to relationship i.e to landlord and tenant, rate of..........
Specific Relief Act, 1963, Section 39 -- License - Termination by serving notice - Defendant pleading to be tenant over the land in question - Plea of defendant that it is only the eviction petition under the Rent Act which is maintainable - Defendant failed to prove himself to be statutory tenant as pleaded by him - Defendant failed to show any document supporting his..........
Civil Procedure Code, 1908, Order 35, Rule 5 -- Inter-pleader suit - Not maintainable when agents sue their principals or tenant sue their landlords for the purpose of compelling them to interplead with any persons other then the persons making claim through such principals or landlords...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Eviction suit - Where tenant admitted the relationship of tenancy and period of lease agreement but resisted landlord's claim by setting up a defence plea of agreement to sale and also filed suit for specific performance, which of course is contested by landlord, such issues arising between parties..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Eviction petition - Personal necessity - Husband deposing on behalf of wife - Cross examination conducted by tenant sufficient to prove bonafide need of landlady - Held, merely because landlady has opted to produce her husband to establish her bonafide need is not sufficient enough to reject the ejectment petition - Order..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i), 13(3)(a)(ii), Civil Procedure Code, 1908, Order 8, Rule 5 -- Eviction petition - Bonafide necessity - Pleading - Landlady pleaded necessary ingredients of personal necessity - Tenant not raised any objection to the same and vaguely denied the same not specifically mentioning that landlady or her..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff/Karta of Hindu Joint Family - Substitution of succeeding karta - Eviction suit - Objection by tenant - Interest devolved upon the succeeding karta - No need to conduct any enquiry as provided U.O.22.R.5 CPC - Status of petitioner is apparent that he is tenant, therefore he should pursue his case on the..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Co-owners - One co-owner can maintain an eviction petition - However, no prejudice has otherwise been shown to have been caused to tenant by not arraying the co-owner so as to make a grievance...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Bona fide requirement - Demolition and reconstruction of building - Tenant contended that no steps were taken by landlord for obtaining requisite sanction from authorities for building and rebuilding work - Contention of tenant even if assumed to be correct that landlord does not have a sanctioned..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Bona fide requirement - Fact that landlord rented out a part of the building or carried out extensive repairs - Not an impediment or disadvantage in considering his bona fides - It is for landlord to decide as to in what manner premises are to be used - It is not open for tenant to dictate terms - No..........
