Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought based on subsequent event when plaintiff refused to accept the amount sent by defendant and denied the relationship of landlord and tenant between parties - Said amendment clearly appears to be an attempt to create evidence during pendency of suit so as to..........
Delhi Municipal Council Act, 1994, Section 63 -- Annual rent - Basis for fixation - Where building is self-occupied and where there is no sub-lease, annual rent will have to be fixed on the basis what landlord might reasonably expect to get from a hypothetical tenant - However, such fixation has to be made only as per NDMC Act...........
Transfer of Property Act, 1882, Section 53A, 108 -- Agreement to sell by landlord with tenant - Part performance - An agreement to sell by landlord to sell the premises let out to the tenant does not, in the absence of landlord having put the tenant into possession of the property in part performance of the agreement to sell, prevent the landlord from suing the tenant from..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to incorporate the fact that tenant does not deny the relationship of landlord and tenant which she earlier denied in her written statement - Landlord has no objection to the said amendment, but only that this is to delay the proceedings - However, tenant..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35, Maharashtra Rent Control Act, 2000, Section 15 -- SARFAESI ACT & Rent Control Acts - Overriding effect - Provisions of SARFAESI Act cannot be used to override the provisions of Rent Control Acts to allow a Bank to evict a tenant from the tenanted premise, which..........
Rent and Eviction -- Concept of ownership in a landlord tenant litigation governed by Rent control laws has to be distinguished from one in a title suit - In rent control legislation, landlord can be said to be owner if he is entitled in his own legal right as distinguished from for and on behalf of someone else to evict the tenant and then to retain control, hold and use..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Landlord required the premises for his son for opening a gym - Omission to plead that son of landlord did not own or possess or had vacated any other property in urban area would not be fatal to tenant, as son did not possess any other property in urban area - Tenant rightly evicted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Landlord required the premises for his son for opening a gym - Non-disclosure of other properties - Landlord is exclusive owner of demised premises, while other properties are jointly owned by his other family members - Non-disclosure of said properties held not fatal to the case of landlord - Tenant..........
Agreement to sell -- Specific performance - Agreement uncertain as it does not specify sale consideration or the mode and manner of determining sale consideration - Moreover, it is inconceivable that landlord while agreeing to sell his flat to tenant would agree that rent paid till the completion of sale would be adjusted in the price - Agreement executed in the year 1992..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 2(g) -- Jurisdiction - Relationship of parties that of landlord and tenant - Relationship not in the category covered under the Act so as to enable jurisdiction of Tribunal under the Act - Tribunal under the Act has no jurisdiction - Impugned order of eviction set aside...........
