East Punjab Urban Rent Restriction Act, 1949, Section 13, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(7) -- Eviction petition - Bonafide necessity - Death of landlord - Legal heirs are entitled to execute the decree same being part of his estate...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 2(f) -- Eviction petition - Maintainability - Land let out to a club for the purpose of construction and use of pavilion - Falls within scope of S.2(f) of the Act - Eviction petition is maintainable under the Act...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17 -- Tenant in secured asset - Protection - Appellant claimed that he is tenant of Secured Asset and also paid advanced rent - However, borrowers in their detailed representation have not claimed that any tenant is staying in secured asset - Documents..........
Punjab Rent Act, 1995, Section 20(2), Registration Act, 1908, Section 49 -- Rent agreement - Non-registration of agreement would, per se, neither make agreement as void and liable to be not considered by Court nor would the same make it inadmissible in evidence - Registration if restored to by parties, would have presumption of truth attached to document - However, even in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Non-payment of rent - Once there was admission on part of tenant qua his default in payment of rent, qua relation of landlord and tenant, then nothing more was required to be adjudicated by Court...........
Rent and Eviction -- Two partners - Death of both the partners - No clause permitting continuation of partnership by legal heirs - Non residential tenanted premises is deemed to be vacant in law as tenant is deemed to have ceased to occupy the building - Consequently tenanted property has fallen vacant...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of Minor's property by mother - Permissibility - Mother intended to dispose of minor's property and purchase a flat in joint names of herself, her daughter and minor son - By purchase of flat she can avoid payment of rent every month to a third party and she can comfortably educate her children and save certain..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Co-owner of property seeking impleadment as a party - If he is permitted to be impleaded as a party then Court would be called upon to adjudicate the dispute inter se the petitioner and applicant - If that happens rent suit would be converted to title suit - No party can be impleaded..........
Rajasthan Rent Control Act, 2001, Section 9, Rajasthan High Court Rules, 1952, Rule 134, Constitution of India, 1950, Article 226, 227 -- Eviction - Rent Tribunal and appellate Rent Tribunal constituted under the Act while adjudicating disputes between landlord and tenant, exercising judicial power of State, discharge judicial functions, which are akin to judicial..........
Rent and eviction -- Building in a dilapidated and dangerous condition - Landlord offered proposal to provide area equivalent to the area now under occupation of tenant on ownership basis free of charges - In the interregnum, landlord shall provide monthly rent @ Rs.18/- per sq. mtr. now in occupation of tenant from the date of vacating till the date of completion..........
