Limitation Act, 1963, Section 5 -- Condonation of delay - Proceedings under Rent Control Act - Rent Control Court has power to condone delay u/s 5 of Limitation Act...........
Limitation Act, 1963, Section 29(2) -- Proceedings under Rent Act - Applicability of S.29(2) of Limitation Act to such proceedings - Rent Control Court is not a persona designata - It is a Court - In the absence of any express exclusion, S.29(2) of Limitation Act applies...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence of defendants - Defendants granted five effective opportunities for leading their entire evidence, including last opportunity - Earlier also evidence of defendants was closed - However, even after granted last opportunity, defendants did not produce any witnesses and again sought adjournment - Even the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Arrears of rent - Claim for compensation/damages - Plaintiff/lesser has no right to refuse taking over of possession of the premises in question for any reason whatsoever - Delay in transfer of possession from bank to plaintiff/lesser was only creation of plaintiffs themselves - Therefore,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant admitted having taken premises on rent from plaintiff - Amendment of written statement sought by defendant to deny title of plaintiff - Defendant is estopped from denying title of plaintiff to the premises in question particularly for defendants' admission - Amendment rightly..........
Civil Procedure Code, 1908, Order 9, Rule 13, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Exparte decree - Setting aside - Eviction petition - In proceedings U.O.9.R.13 CPC, Court is required to examine as to whether petitioner has fulfilled requirements of O.9.R.13 CPC which require party to satisfy Court that either summons were not duly served..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide need - Execution of decree - Non-issuance of warrants of possession - Merely on the ground that Nazarat Branch is not working due to Covid, non-issuance of warrants of possession cannot be justified - Valuable rights of landlord are being taken away due to a logistical issue with which..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide need - Execution of decree - Non-issuance of warrants of possession - Police aid can be granted even at first instance so as to ensure quick delivery of possession to the decree holder...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide need - Execution of decree - Non-issuance of warrants of possession - Repeated adjourning of execution petitions of decree which are not stayed and which are executable, deprives the decree holders of extremely valuable rights specially in the case of decrees of possession which may be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Landlord can seek eviction of a tenant from tenanted premises not only for his or her need of a closely related person...........
