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..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of rent - Revision - While deciding revision, revision Court cannot sit in armchair of appellate Court and revisit entire evidence - If any perversity in appreciation of evidence, revision Court can interfere with and perversity can be rectified...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of rent - Non examining of witness or party to document will not vitiate case of landlords and Rent Controller can consider records and other evidence...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 8(5) -- Suit for eviction - Wilful default in payment of rent - Tenants neglected in paying rent in time and continued to deposit rent irregularly during pendency of the proceedings and hence their conduct was held to be wilful - Suit rightly decreed...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 8(5) -- Suit for eviction - Wilful default in payment of rent - Subsequent payment - Not an excuse - Tenant cannot be relieved from consequences of wilful default prior to filing of eviction merely because he paid arrears subsequently...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Rent and eviction - Bonafide requirement - Landlord specifically stated in his evictions petitions that he and his family members/son/daughter-in-law had no business space in their possession and that they had not rented out or vacated such space within municipal limits/local limits of town - Once..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Rent and eviction - Bonafide requirement - Landlord`s failure to mention details of rear portion of building - Has no impact in terms of requirements of law...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Rent and eviction - Bonafide requirement - Landlord`s silence as to rear portion of building in his eviction petition - Carries no import and has no impact on maintainability of petition...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - First suit filed for declaration before civil Court and subsequent suit for eviction filed under provisions of Maharashtra Rent Control Act - Jurisdiction of Courts dealing with both the suits is completely distinct and different - Reliefs prayed for in subsequent suit also stands on a different footing..........
