Agreement to sell -- Suit for specific performance - Property in possession of tenants - Parties agreeing that vacant possession would be obtained after eviction of tenants - Decree for specific performance cannot be refused on mere ground that suit property is in occupation of tenants. (Specific Relief Act, 1963, S.20)..........
Civil Procedure Code, 1908, Section 47 -- Eviction decree - Objections u/s 47 - Tenant not entitled to challenge decree as nullity - Objections rightly rejected - Petitioner directed to handover vacant possession forthwith...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Exparte order of ejectment - Setting aside - Service of summons by affixation - Process server deposed in Court that he did not know the respondent or that somebody identified the respondent - Cannot be held that there was due service - Ex parte order of eviction set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte order of eviction - Setting aside - Limitation - Starts from the date of knowledge of the exparte decree, if notice is not duly served...........
Rent and Eviction -- Sub letting - Mere knowledge and/or acceptance of rent cannot defeat the landlords' right to get a decree for ejectment on the ground of subletting...........
Rent and Eviction -- To establish subletting, the landlord has to prove abandonment or transfer of interest in favour of another person...........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950 -- Eviction on ground of sub-letting and nuisance - Concurrent findings of trial Court and appellate Court against tenant - High Court reversing finding even without formulating question of law - Cannot be sustained - Judgment of High Court set aside...........
Rent and Eviction -- Bona fide requirement - Mere desire of the landlord to live separately from his father - Mere desire to live separately is not a valid ground for eviction of the tenant - Landlord must set out his need in his petition and establish that such need is bona fide. (Tamil Nadu Building (Lease and Rent Control) Act, 1960, S.10(3)(a)(i)..........
Rent and Eviction -- Rent - Paid to son of landlady - Signatures on receipt not specifically denied - Son of landlady could receive the rent even without valid power of attorney in his favour - Rent must be presumed to be paid to the son of landlady on her behalf...........
Evidence Act, 1872, Section 116 -- Estoppel of tenant - Denial of title of landlord - Tenant is debarred from denying the title of his landlord from the beginning of his tenancy howsoever defective title of such landlord may be - Principle of estoppel would not be applicable if subsequent to tenants induction landlord looses his title under any law or agreement and there..........
