Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 9 -- Amendment of written statement - Dismissal of application - Eviction petition - Admittedly, petitioners have denied averment in original application as to applicant no.3 being unemployed in their reply - Even if the applicant no.3 has been employed with bank, regular or contractual..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(1) -- Eviction petition - Brother claiming rent on basis of money spent by him for construction over demised premises - Failure of brother to produce any agreement showing that he was authorized to collect rent on his own - Tenant paying rent to sister of petitioner - In absence any wilful default on..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for ejectment, recovery of possession and arrears of rent - Defendant admitted that he is tenant in suit property - There is admission of relationship of landlord and tenant and month to month tenancy already stands terminated - Since the monthly rent was Rs.5000, thus property is protected under..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Oral and documentary evidence adduced by landlord successfully proved that a legal notice u/s 106 of the Act was sent to defendant by registered post demanding arrears of rent and termination of tenancy which was refused by tenant - Even, record of trial Court reveals that tenant not only..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30(1) -- Rent and eviction - Arrear of rent - Any amount deposit by revisionist u/s 30(1) of the Act before or after institution of suit will not absolve respondent from his liability of depositing rent before competent Court...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and recovery of arrears of rent/occupational charges - Decree of possession does not automatically follow a decree of declaration of title and ownership over property - Where a plaintiff wants to establish that defendant's original possession was permissive, it is for plaintiff..........
Rajasthan Rent Control Act, 2001, Section 20(3) -- Eviction petition - Default in payment of mesne profit - Issuance of recovery of possession certificate - Tenant not deposited amount of mesne profit - Tenant is required to continue to pay mesne profit to landlord and arrears of mesne profit - If tenant does not vacate commercial premises within three months from date of..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Suit for eviction - Leave to defend - Requirement of premises for commercial purpose of married daughter of landlord - Married daughter most certainly remains `member' of her maternal family - Dependency of daughter on landlord for particular requirement is considered to be bonafide - Therefore, leave to defend..........
Civil Procedure Code, 1908, Section 100, Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(1)(a)(h), (j), 2(2) -- Second appeal - Eviction petition - It is apparent that out of three grounds of eviction found concurrently by two Courts below based on decree of eviction has been passed - While appellant has no questioned correctness of two grounds i.e...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of fair rent - Rent Controller considered evidence and document with reference to same locality of petition mentioned property and found that tenant herein have not disputed that market value and they have not produced any contra evidence or document that at relevant point of..........
