Transfer of Property Act, 1882, Section 106 -- Quit notice - When eviction of tenant is sought by issuing quit notice u/s 106 of T.P.Act before instituting suit, proof of default in payment of rents is not a relevant ground for eviction...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Recall of consent order - During pendency of appeal against eviction order, consent order passed whereunder tenant was to vacate after 15 months - Conduct of tenant's Advocate was not fraudulent as consent order was beneficial to tenant giving him additional 15 months stay in the tenanted premises and it cannot..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Tenant seeking amendment of written statement on ground that landlord's bona fide necessity had ceased because of his acquiring another shop within city - No details given of property purchased by landlord - Vague application for amendment is filed only to drag the trial -..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Eviction - Lease agreement that tenancy is from month to month - Issuance of quit notice is mandatory - No notice determining tenancy issued and served upon tenant - In the absence of notice determining tenancy suit for eviction cannot be decreed...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(3)(a) -- Eviction petition - Bonafide requirement - Publication of summons in a newspaper - Service is duly complete even if only summons are published and there is no requirement of publishing entire eviction petition and annexures thereto in newspaper...........
Transfer of Property Act, 1882, Section 109 -- Transfer of property by previous lessor - Purchaser becomes lessor and becomes entitled to receive rent - No attornment of tenancy is necessary - Notice for attornment of tenancy is not required - Tenant cannot dispute the right of transferee landlord to maintain an eviction petition or to claim rent - However, the provision..........
Civil Procedure Code, 1908, Section 151 -- Eviction petition - Forcible dispossession in June, 2011, during pendency of eviction petition - Application u/s 151 CPC for restoration of possession filed on 4.1.2012 which was dismissed merely on the ground of delay, without going into merits of rival contentions of both the parties - Delay in filing application for restoration..........
Civil Procedure Code, 1908, Section 151 -- Dispossession during pendency of eviction petition - Restoration of possession - Dispossession was in the year 2005 - Restoration sought in the year 2012 - Plea that defendants have voluntarily vacated the premises and left suit property at their own will - For a long time defendants neither raised any objection nor filed any..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Tenant pleaded that building in question was given on lease for manufacturing purposes and he was carrying the business of garment manufacturing, thus tenancy was terminable with a six months prior notice - Plea rejected as neither in the pleading nor in the evidence produced by tenant before Court below,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Leave to defend - Tenant challenging bonafide requirement of landlord stating that till date three eviction petitions filed by erstwhile owner and by landlord were dismissed - Tenant deposited rent which he was unable to pay to landlord as he was not present in India -..........