Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 8 -- Discovery of documents - Proceedings initiated against petitioner under Act is for seeking eviction in summary manner - Collector has been given powers, confined to summoning and enforcing attendance of any person and examining him on oath, requiring discovery and production of documents..........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 8, Civil Procedure Code, 1908, Order 11 -- Right to Information Act, 2005 - Discovery of documents - Collector though proceeded in summary manner to act as civil court under CPC but it cannot deny prayer on ground that petitioner would seek remedy under RTI - Order set aside and matter..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Rent and eviction - Application of petitioner/tenant for leave to defend was dismissed - As per petitioner, there being two separate shops which has been merged into one and dissolution deed of firm accepts petitioner as tenant of 1/3rd premises and he is liable to pay his share of 1/3rd rent is clear indication of..........
Rent and eviction -- Parting of possession by tenant of a portion of the premises without consent of landlord - Tenant evicted on this ground alone without getting into the question of sub letting or assignment. (Delhi Rent Control Act, 1958, S.14(1)(b) & S.14(4)...........
Delhi Rent Control Act,1958 -- Rent and eviction - Protection from eviction under the Act - Is subject to grounds for eviction as stipulated therein being made out - Once ground for eviction in accordance with procedure prescribed is found to have been made out, tenant cannot thereafter be heard to state that he is still entitled to protection from eviction - Legislature..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Right of residence - Parties never lived together in the property in question - Evidence on record shows that appellant not married with respondent as his wife was alive - Respondent thus has, no right to reside in the property in question - Ex parte order permitting respondent to occupy the premises,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Agreement to sell regarding suit property alleged to be executed between father of defendant no.1 and respondent at a point when eviction had already been ordered against tenant - Respondent is himself a doubtful entity, as he never surfaced either in a Court..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii) -- Rent and eviction - Bonafide requirement - Required ground floor of building let out to tenant for business - Admittedly, landlord doing business of manufacturing and trading in rental premises - However, first floor of the premises is with landlord which is used by landlord for keeping his..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Suit for eviction - In the instant case, petitioner/landlord seeking direction upon defendant/tenant to pay Rs.15,000/- p.m. for illegal and wrongful occupation of suit premises - Such claim in midst of proceedings is not permissible...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery of mesne profits and future mesne profits from an Unauthorised sub tenant - Even if tenanted premises is in exclusive occupation of unauthorized sub-tenant, it is not open to landlord to institute suit in civil Court for recovery of possession of premises from unauthorized sub-tenant -..........
