Rent and Eviction -- Stay of eviction decree - Determination of compensation/mesne profit - Compensation determined on the basis of purchase price of property - Held, not proper - Compensation/mesne profit has to be determined at the rate at which landlord would have been able to let out the premises and earn rent if tenant had vacated the premises - Impugned order set..........
Rent and Eviction -- Mesne profits - Date from which payable - After passing decree of eviction tenancy terminates and from the said date landlord is entitled for mesne profits or compensation depriving him from the use of premises...........
Rent and Eviction -- Mesne profits - Determination - Basis of determination of amount of mesne profit depends on facts and circumstances of each case considering place where property is situated i.e village or city or metropolitan city, location, nature of premises i.e commercial or residential area and rate of rent precedent on which premises can be let out are guiding..........
Rent and Eviction -- Mesne profits - Determination - Applicability of Old or New Act - As per the provision in New Act, suit or proceeding, if any, pending on the date of notification issued by State Govt. for applicability of the New Act such proceeding would continue under the Old Act and New Act has no application - Since suit was filed under the Old Act as such New Act..........
Rent and eviction -- Mesne profits - Direction to pay mesne profits cannot be set aside merely on the ground of COVID-19 Pandemic - However, tenant is granted liberty to deposit mesne profits in equal installments...........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Ex parte decree - Setting aside - Suit for possession, rent and mesne profit - Tenant neither deposited entire amount as payable by him nor there was any previous application seeking permission of Court to give security, on the date when application U.O.9.R.13..........
Rajasthan Rent Control Act, 2001, Section 20(3) -- Eviction petition - Default in payment of mesne profit - Issuance of recovery of possession certificate - Tenant not deposited amount of mesne profit - Tenant is required to continue to pay mesne profit to landlord and arrears of mesne profit - If tenant does not vacate commercial premises within three months from date of..........
Eviction petition -- Non-payment of rent - There was no such ambiguity and it was thus incumbent upon petitioner to have made payment of provisional assessed rent - Factum of petitioner having paid arrears of rent and mesne profit later in terms of direction of Appellate Court would not help his case in any manner - Appellate Court had directed petitioner to make payment..........
Civil Procedure Code, 1908, Section 151 -- Eviction order - Stay of order of eviction - Vacation - Application seeking vacation of stay cannot be permitted because stay order already confirmed - However, application simultaneously seeking mesne profits which can be granted by Court since eviction was being protected by interim order - Tenant required to pay minimum rent..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, possession, mesne profits and permanent injunction - Plaintiff was not required to prove their ownership qua suit property, inasmuch as defendant/tenant himself in his written statement categorically admitted them as owners - Thus, an admitted fact was not required to be proved - More so, defendant has no..........
