Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Relief of ejectment/possession - Lease - Expired due to efflux of time - Wife of tenant staying in suit property as a licensee of her husband by virtue of mutual agreement entered between husband and wife - Such agreement has to be subject to the willingness of landlord to continue with the tenancy -..........
Co-owner -- Rights and liabilities - (i) A co-owner has right and interest in the whole property and also in every parcel and infinitesimal portion of the co-ownership property; (ii) No doubt possession of the joint property by one co-owner is in the eye of law, possession of all even if all but one are actually out of possession; (iii) One co-owner's mere occupation of a..........
Rajasthan Colonisation Act, 1954, Section 13, 13A -- Sale transaction - S.13-A(2) of the Act would be applicable only in a case where an order of ejectment has been passed but a person against whom an order of ejectment has been passed had not actually been ejected from land transferred - In the instant case, when Board of Revenue granted benefit of compounding u/s 13-A(2)..........
Suit for Ejectment -- Bonafide need - If a landlord is in genuine and bonafide need of a tenanted portion, tenant cannot legally raise issue that space available with landlord is adequate - Tenants cannot dictate upon landlord`s personal need of tenanted premises...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of eviction petition - Grounds on which defendant is seeking rejection of ejectment petition are a matter of evidence and are not germane for deciding application filed by him U.O.7.R.11 CPC - Rejection of plaint at the threshold entails very serious consequences - Power to reject plaint has to be used in..........
Transfer of Property Act, 1882, Section 114, 114A -- Forfeiture/termination of tenancy - Dispute resolving through arbitration - If in arbitration proceedings landlord has sought for an award of ejectment on the ground that lease has been forfeited since tenant has failed to pay rent and breached express condition for payment of rent or such other breach and in such..........
Transfer of Property Act, 1882, Section 114 -- Forfeiture/termination of tenancy - Non-payment of rent - Where lease is determined by forfeiture and lessor sues to eject lessee and, if, at the hearing of suit, lessee pays or tenders to lessor the rent in arrears, S.114 of the Act provides that Court instead of passing a decree for ejectment may pass an order relieving..........
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..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Plea of tenant that landlord was only a co-lessee - Plea held, not tenable as one of co-owners can alone and in his own right file a proceeding for ejectment of a tenant and a tenant cannot question maintainability of proceedings...........
Suit for possession -- Predecessors-in-interest of plaintiffs are owners as recorded in jamabandi for the year 1955-56 and predecessors-in-interest of defendants was recorded as tenants - Three rounds of litigation with respect to suit property was on record and out of two litigations suit land was declared as recorded in possession of predecessors-in-interest of..........
