Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 3(j), 21(1)(a) -- Eviction petition - Release application - Maintainability - Status of petitioner as tenant is not in dispute therefore, if other co-owner/co-landlord have not come forward to challenge the release in favour of one, who, admittedly, has also inherited the..........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Suit for fixation of rent - Tenant sought permission of Court to appoint his brother as special power agent by assigning all power pertaining to suit including to give evidence - Both power agent and tenant are doing business together as partners in premises - Power agent can appear before Court..........
Consumer Protection Act, 1986, Section 12 -- Allotment of flat - Delay in handing over possession of flat - Once NCDRC awarded interest for delayed handing over possession, there would be no justification to award an additional amount of Rs.2 lakhs - Direction to pay compensation of Rs.2 lakhs towards loss of rent set aside...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20, 5, 11(2)(b), Kerala Land Reforms Act, 1963, Section 2(57) -- Eviction petition - Arrears of rent and fixation of rent - There is neither denial of title of landlord nor claim of right of permanent tenancy so as to attract second proviso to S.11(1) of Rent Control Act - Plea of kudikidappu raised by tenants..........
Landlord and tenant -- Relationship - No rent agreement executed in between parties - No rent receipt filed in support of claim of tenancy - When there is no evidence of taking premises on rent and it is admitted that no record of accounts as to payment of rent is maintained, there is no base for holding that relationship of landlord and tenant is proved...........
Delhi Rent Act, 1995, Section 14(1)(d) -- Eviction petition - Bonafide need - Application for leave to defend was dismissed - A mere vague plea which is not established on record cannot be basis for grant of leave to defend - In absence of a suitable alternative premises for landlord, due to existing premises having been sealed or partially demolished, bonafide need of..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ad interim injunction - Vacation of - Claim of a lessee or tenant - No rent or lease agreement nor rent receipt produced - Prima facie possession of plaintiff over suit property not made out - Balance of convenience also lies in favour of defendant - Greater inconvenience would be caused to defendant if ad interim injunction..........
Rent and Eviction -- Res judicata - Aspect of res judicata does not apply when eviction is sought on ground of bona fide need. (Civil Procedure Code, 1908, S.11)...........
Rent and Eviction -- Tenant not vacating even after direction of Supreme Court while dismissing earlier SLP - Tenant abused the process of law in managing to remain in possession of the property in question - SLP dismissed with cost of Rs.50,000/- payable to D.H. - Tenant directed to vacate the premises with one month failing which D.H. shall be at liberty to initiate..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction petition - Respondent repeatedly filed vexatious suits and petitions against petitioners - Further respondent was attempting to make mockery of the very judicial system - In case litigants like respondent is permitted to achieve their objective in delaying execution of a decree passed by Court,..........
