Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Applicant sought his impleadment claiming to be joint tenant of property being son of original tenant - However, application filed after about 10 years from date of filing suit, is only to delay the disposal of suit - Moreover, applicant is neither in possession of suit property nor..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Summoning of third party - Eviction suit - Tenant sought reopening of his evidence and summoning of third party as his witness - There is an allegation that there has been default in payment of rent - It is for tenant to prove that even if there is a default, it is not willful - Tenant is to establish his..........
Rent and Eviction -- Lease or licence - Lease agreement for a period of five months - Duration of lease makes it apparent that it was a licence and not a lease...........
Rent and Eviction -- Nuisance - Concurrent finding of facts by three courts that tenant has caused nuisance by carrying on his business beyond the permissible area and in violation of the conditions of lease - Definition of nuisance in S.12(1)(c) of Madhya Pradesh (Accommodation and Control) Act, 1961 is wide enough to take the conduct of tenant within its ambit which was..........
Rent and eviction -- Eviction order - Time to vacate - Tenancy of over two decades - Tenant running his shop from the tenement in question - Tenant already deposited the entire decretal amount - Considering length of occupancy of shop by tenant under terms of lease deed and in order to provide him a reasonable time to set out his house and a consequence of eviction and to..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction order - Bonafide need - Leave to defend - ARC has committed no jurisdictional error and has passed the order of eviction on basis of material available before it - Eviction order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Amendment sought by successors-in-interest of original tenant - Amendment sought when repeated adjournments were granted to lead evidence - Such conduct clearly reflects that neither they were diligent in pursuing their case nor their actions are bona fide - More so, delay..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(2)(b), 11(9) -- Eviction petition - Statutory tenant - Petition for eviction of a statutory tenant brought prior to expiration of term of lease is hit by S.11(9) of the Act and is not maintainable before rent control Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Subsequent event - Where suit for eviction of tenancy is filed on certain grounds, subsequent addition of fresh ground in plaint does not change nature of suit and therefore, amendment to add such new grounds is permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Amendment sought to incorporate sub-letting - Plaintiff was aware of fact that suit premises were sub-let by defendants at the time of institution of suit - It is neither subsequent event nor a new ground for recovery of possession that arose after filing of suit - Admittedly,..........
