East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Deposition of general attorney of landlady without landlady stepping into witness box - Legality - Merely because landlady has not appeared as witness in the case and her general attorney appeared, which general attorney was none other than her own son, is no ground to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13 -- Rejection of plaint - Dismissal of application - Eviction petition - Seeking rejection of eviction petition on ground that period of 10 years had not elapsed after completion of construction of building as provided u/s 1(3) of the Act - Tenant would be..........
Civil Procedure Code, 1908, Section 100, Delhi Rent Control Act, 1958, Section 50 -- Second appeal - Eviction petition - Jurisdiction of civil Court - Jurisdiction of civil Court to entertain any suit or proceeding is not barred u/s 50 of the Act if deceased was a statutory tenant and right of legal heir/s has expired - Thus, no question of law arises for consideration in..........
Punjab Rent Act, 1995, Section 38(7)(c), East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Non filing of affidavit along with leave to contest application - To contest petition for eviction, application for leave is to be specific stating grounds on which he seeks to contest petition for eviction - Rent Authority, thus u/s..........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25(b) -- Suit for eviction - Ground of bonafide need - Landlord seeking eviction with prospects of expansion of business running from the adjoining shop to the tenanted premises - Therefore, plea of tenant that other shops are lying under lock, therefore, is liable to be rejected - Status of tenants being kirayadaar cannot be..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Eviction order - Brother of tenant appeared before Executing Court contending that he proposed to file objections - However, no objections have been filed rather he file an application U.O.39.Rr1, 2 CPC - Maintainability of objections - Petitioner permitted to raise plea of..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 8(5), 25 -- Suit for eviction - Grant of eviction decree - Challenge as to - There is wilful default in payment of rent by tenant - Landlord/owner clearly established need of premises for his own use and occupation as he had some physical ailment - Landlord clearly making out grounds for eviction - Therefore,..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Eviction petition - Non-payment of rent - Once it is admitted that landlady has not issued any receipt and admittedly for past 25 years tenant has been continuously in possession of said premises, in absence of account maintained by landlady and also in absence of issuing receipt, landlady has to..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Eviction petition - Non-payment of rent - Wilful default - Notice before filing a petition for eviction on ground of willful default is not mandatory - Landlord can file a petition for eviction u/s 10(2)(1) of the Act directly without giving notice - However, when landlord issues a notice under..........
