East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Eviction - Revisional jurisdiction - No evidence produced on record by either of the parties which has either been ignored or misread by authorities below - Held, mere small discrepancies here and there do not make out a case for interference by revisional Court in revisional jurisdiction...........
Limitation Act, 1963, Section 28, Article 64, 66, 67 -- Adverse possession - Time for acquiring title - Suspension of - Appellant had filed suit for eviction - Relief sought in plaint was for delivery of possession - Held, after institution of suit, time for acquiring title by adverse possession has been arrested or remained in a state of suspension till entire proceedings..........
Rent and Eviction -- Eviction of tenant under Rent Act - Held, there is a difference in exercise of jurisdiction when civil Court deals with a lis relating to eviction brought before it under the provisions of Transfer of Property Act and under any special enactment pertaining to eviction on specified grounds - Court can decide issue of title if a tenant disputes same and..........
Rent and Eviction -- Suit for eviction of tenant on ground of bona fide requirement - Relationship of landlord and tenant not proved - Held, tenant not liable for eviction under Rent Act. (M.P. Accommodation Control Act, 1961, S.12(1)(a)...........
Rent and Eviction -- Payment of enhanced rent - Prior to expiry of lease plaintiff had given notice for continuance of tenancy at the enhanced rate claimed therein - Documents reflecting a clear understanding between the parties that tenancy agreement would continue at an enhanced rent - Claim for enhanced rent and the understanding reached was in tune with or even less..........
Civil Procedure Code, 1908, Section 115 -- Eviction - Appeal - Interim relief - Petitioner/tenant is seeking stay of his dispossession during pendency of his appeal before Appellate Authority but without putting himself to the terms - Held, for grant of interim relief which is an equitable and discretionary relief a litigant can be put to terms - In instant case,..........
East Punjab Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide requirement - Conditions to be fulfilled - Held, (a) he is not occupying another building in urban area concerned and (b) he has not vacated such a building without sufficient cause after commencement of this Act in said urban area...........
East Punjab Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide requirement - Held, it depends upon facts and circumstances of each case and there cannot be strait jacket formula for this purpose - Burden lies upon landlord to establish that accommodation is bona fide required by him for personal use - While adjudicating whether requirement is bona fide..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bonafide requirement - Proof - Landlord is carrying on business of shoe shop on left side adjoining to demised shop - Landlord wants to expand his business as at the time of letting out there was no bazar whereas now there has been great development in area - Parda wall was constructed in year..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide requirement - Conditions to be fulfilled - Held, (a) he is not occupying another residential building in urban area concerned and (b) has not vacated such building without sufficient cause in said urban area after commencement of the Act...........
