Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction order - Obstructor claiming to be in possession in his independent right of tenancy - No rent receipt or documentary evidence produced - Rent, if not accepted by landlord, not deposited in Court - Merely because of the original rent note executed between D.H. & J.D. being in the hand of obstructor does..........
M.P.Accommodation Control Act, 1961, Section S.12(1)(a) -- Alternative accommodation - Eviction of tenant sought on the ground of bona fide requirement - Held, burden to prove that landlord has alternative accommodation is on the shoulders of tenant - Tenant to discharge his burden...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii), Evidence Act, 1872, Section 115 -- Violation of bye laws - Landlord constructing room in SCF in violation of bye laws and letting the same - Entire building ordered to be resumed on account of violation of bye laws - Landlord sought eviction of tenant to demolish the room - Tenant taking plea that landlord..........
Transfer of Property Act, 1882, Section 53A, 106, Specific Relief Act, 1963, Section 20 -- Tenant - Agreement to sell entered into by tenant with the son of the landlord - In an eviction petition tenant took the plea of protection of S.53-A TPA - Tenant never filed suit for specific performance - Possession of tenant remains as tenant - Secondly agreement to sell is not in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlord settled in Iran, filed eviction petition on the ground that he wants to shift to India and to run business in demised premises - Tenant taking plea that nature of business intended to be done in tenanted premises not indicated - Contention repelled - Landlord testified in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction petition on ground of bona fide requirement - Order of eviction passed - Death of landlord during pendency of appeal - Tenant contended that ground of personal necessity cease to exist with death of landlady - Contention negative - Held, plea of personal necessity did not vanish with death of..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8 -- Petitioner sought exemption of land to be declared as surplus area - Writ dismissed - Review petition - Review sought on the same grounds on which original writ was filed, except the additional ground of small landlord - Held, Review petition deserves dismissal - Status of petitioners small or big land owners does..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlord 80 years old agriculturist - Sought eviction of tenant from shop on the ground that he wants to run business of fertilizer and cattle feed - Rent Controller as well as Appellate Authority refused eviction by holding that landlord failed to explain as to who will cultivate..........
Civil Procedure Code, 1908, Order 12, Rule 6, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Evidence Act, 1872, Section 116 -- Tenanted premises a newly constructed shop - Civil suit filed for eviction by landlord after service of notice to quit u/s 106 of TPA Act - Simultaneous ejectment petition filed under Rent Act also - In the written statement..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Landlord seeking permanent injunction to restrain tenant from interfering in the intended construction to be raised on the first floor of tenanted shop - No proof that roof was part of tenancy - No specific contract for use of roof in favour of tenant - Injunction granted...........
