Civil Procedure Code, 1908, Order 21, Rule 32, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12 -- Suit for permanent injunction - Decreed - Execution of decree passed against landlord restrain him from making holes, pulling down roof of shop - Tenant filed application under Order 21 Rule 32 - Roof of shop already fallen - Executing court directed tenant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Eviction sought on ground of personal necessity - Landlord-tenant relationship disputed - Wife of tenant admitted mother of landlord as real landlord - Tenant did not appear as witness to substantiate plea of wife - Held, Landlord-tenant relationship proved - Eviction ordered...........
Transfer of Property Act, 1882, Section 60 -- Mortgage of property to tenant - Rent was to be appropriated towards interest - Redemption of mortgage - Relationship of landlord and tenant continues to subsist between the parties - On passing of decree for redemption of mortgage, tenant cannot be directed to handover possession of suit property merely because of redemption -..........
Adverse possession -- Relationship of landlord and tenant - Tenant stopped making payment of rent - Mere non payment of rent will not mean that relationship of landlord and tenant cease to exist - Tenant cannot claim that because of non payment of rent, his possession over the tenanted premises is open and hostile to owner - Tenant cannot claim title over the tenanted..........
Rent and Eviction -- Tenancy denied - Proof - Merely because the original rent note executed in between landlord and previous tenant is in the hands of the person claiming to be tenant, the same does not prove tenancy in absence of proof that original tenant surrendered the tenancy in favour of landlord and thereafter the same was let out to the new tenant...........
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..........
