Ejectment petition -- Cannot be decided on the basis of inference...........
Constitution of India, 1950, Article 227, West Bengal Premises Tenancy Act, 1997, Section 7(1), 7(2) -- Suit for ejectment - Order of deposition of arrear of rent - Defendant filed 2 subsequent sets of applications u/ss.7(1) and 7(2) of the Act for re-letting premises - Trial Court fixed dates for clarification of situation as confusion occurred due to 2 applications -..........
Civil Procedure Code, 1908, Order 21, Rule 35, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Issuance of warrants of possession - Cancellation of - Suit for possession by way of ejectment - Appeal against decree dismissed in default - Pendency of restoration application in appeal - Mere pendency of restoration application in appeal is not a valid..........
Transfer of Property Act, 1882, Section 106 -- Lease - Ejectment - Adjustment of advance paid - Compromise between parties that claim made by plaintiff in calculation so submitted before Court can be adjusted from amounts which have been paid by tenant directly to landlord and from amount deposited by tenant by Court - If this adjustment is to be made, then tenant entitled..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Tenant by way of amendment wanted to raise two preliminary objections - One of preliminary objection was that defendant no.2 has not pleaded about her not owing any premise in same urban area - However, since tenant had already mentioned about her ownership of premises..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex-parte order - Setting aside - Eviction order - Application filed after more than 3 years after ejectment order was passed - Attempts of tenant had been to delay proceedings by one way or other - It is by now more than 19 years after eviction order was passed in favour of landlords and at this stage, tenant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Fixation of mesne profits - Once ejectment of tenant is directed landlord is not bound by contractual rate of rent effective for period preceding date of decree - Tenant is liable to pay mesne profits or compensation for use and occupation of premises at same rate at which landlord would have..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Ejectment of tenant u/s 13-B of the Act, is once a lifetime benefit given to NRI for his/her bonafide requirement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent/provisional rent - In case tenant does not deposit rent so determined on or before first hearing of application for ejectment, he is entitled to be evicted on ground of non-payment of rent/provisional rent determined by Rent Controller...........
Eviction -- Arrear of rent - Plaintiffs filed suit claiming possession and ejectment of defendant no.1 - Defendant no.2 claimed that he is owner in possession and he had purchased the same from `J' and plaintiffs are neither owners nor in possession over the shop which defendant purchased by virtue of sale deed - However, perusal of decree passed in favour of `J' and `R'..........
