Civil Procedure Code, 1908, Order 13, Rule 1 -- Permission to produce documents - Eviction suit - Landlord seeking permission to produced notices of termination of tenancy - It was not as if landlord had come up for first time and set up plea of termination of tenancy by said notices - Eviction petition itself referred to said notices - Photocopies of notices were produced..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(c) -- Eviction petition filed by owner whereas premises were let out by Power of Attorney holder without disclosing he being power of attorney holder - As power of attorney is a registered document and registration of a document is notice to all as such it is not open to the tenant to say that he was not aware of the..........
Rent and Eviction -- Eviction order on ground of bona fide need - Tenant filed appeal - Death of landlord during pendency of appeal - Makes no difference as his heirs are fully entitled to defend the estate - Bona fide need of the landlord has to be examined as on the date of institution of proceedings...........
Rent and Eviction -- Non payment of rent - Agreement to sell with tenant - Tenant asserting that he is in possession in part performance of agreement of sale - Not mentioned in clear terms in agreement that relationship of landlord and tenant has been terminated and that tenant is under no obligation to pay rent - Tenant remains tenant and he is liable to pay rent - Held,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Landlord deposing that shop remained closed for 3/4 months and not for more than 4 months - Eviction on ground that tenant has ceased to occupy shop is not available to landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Death of tenant - Shop remained closed for more than 4 months - Shop remained closed for sufficient cause - Landlord is not entitled to eviction of tenant...........
Rent and Eviction -- Partnership - Sub-letting - Merely entering into partnership does not amount to sub-letting - If tenant is actively associated with the partnership business and retains the use and control over the tenancy premises with him, may be along with the partners, the tenant may not be said to have parted with possession - However if tenant in the garb of..........
Rent and Eviction -- Partnership - Sub-letting - Existence of partnership deed between tenant and alleged sub tenant does not preclude landlord from bringing on record material and circumstances by adducing evidence or by means of cross-examination, making out a case of sub-letting or parting with possession or interest in tenancy premises by tenant in favour of third..........
Rent and Eviction -- Death of tenant - Tenancy is heritable right unless a legal bar operating against heritability is shown to exist - One who inherits tenancy rights also inherits the obligation incurred by the deceased tenant alongwith the rights which he had...........
Rent and Eviction -- Reconstruction - Landlord was to reconstruct the shops and after completing the rebuilding within a period of one year was to offer shop to tenants for reoccupation - Delay - Landlord is liable to pay compensation...........
