Rent and eviction -- Arrears of rent and default in payment of rent - Tenant deposited the amount towards arrears of rent in the Court of Rent Controller before institution of eviction application - Intimation in that behalf given to landlord - Tenant continued to periodically deposit rent amount in Court thereafter - He was thus not a defaulter much less wilful defaulter..........
Rent and eviction -- Denial of title of landlord by tenant - Tenant denied title of landlord because of pendency of civil suit between landlord and one other person, which was filed by landlord himself - Fact that tenant immediately rushed towards Rent Controller for depositing rent after receiving notice from landlord, was indicative of bona fide of tenant - Plea taken by..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(iii) -- Eviction - Material alterations - Onus is on landlord to prove - It is landlord who has to prove that alterations carried out by tenant have materially impaired the value and utility of the premises - Value and utility has to be seen from the perspective of landlord which has to be substantiated by..........
Evidence Act, 1872, Section 116 -- Estoppel - Denial of landlord's title - Eviction suit - Tenant in his written statement though denied ownership of landlord but in his cross-examination admitted title of landlord - He further admitted that he used to pay rent in the name of father of landlord - Tenant without any doubt regarded plaintiffs/landlord as owners of suit..........
Rent and Eviction -- Single or different tenancies - Tenancy held to be single for the reasons that (i) all the portions of the demised premises are part of the same property; (ii) there is no instrument or document creating different tenancies or lease, as alleged; (iii) evidences of single payment; and (iv) one entity being in possession of the entire premises (be he the..........
Rent and Eviction -- Single or different tenancies - Tenant in possession of entire portion of suit premises and there being one entry to the suit premises which comprises a hall with inner partition, the balance tilts in favour of landlord regarding tenancy being one...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i), (v) -- Eviction petition - Cased to occupy - Tenant without any reasonable cause ceased to occupy demised premises continuously for a period of 12 months prior to filing of petition - No evidence on record that during that period, tenants actually resided in tenanted premises which they could lead by placing..........
Punjab Security of Land Tenure Act, 1953, Section 9, Punjab Tenancy Act, 1887, Section 4(5), Transfer of Property Act, 1882, Section 116 -- Eviction - Tenant holding over - Both the Acts of 1953 and 1887, do not include a tenant whose lease has expired - Nevertheless, retention/continuance of possession after expiry of duration of lease with the consent of landlord will..........
Rent and eviction -- Voluntary attornment - Relationship of landlord and tenant between tenant and sub-tenant does not come to an end on the voluntary attornment of sub-tenant to original owner...........
Transfer of Property Act, 1882, Section 105 -- Lease - Non-payment of rent - Plaintiff being a lease holder of suit property sub let the property to defendant with permission of original lessor - Prima facie relationship of landlord and tenant had established between plaintiff and defendant - Mere plea of voluntarily attornment to original lessor and mere fact that..........
