Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Applicability to arbitral proceedings - Suit for recovery of possession, arrears of rent - U, registered lease deed - Principles analogous to O.12.R.6 CPC, are equally applicable to arbitration proceedings - There is no dispute between parties as to relationship i.e to landlord and tenant, rate of..........
Rent and eviction -- High Court recorded finding without considering material which was available on record - Order upholding claim for eviction set aside - Matter remitted back to High Court for a fresh decision...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 16(1)(b) -- Release of building - Non-delivery of physical possession as it was in occupation of several tenants - Declaration of vacancy upon perusal of report of Rent Control Inspector and after inviting objections of concerned parties - Failure of Respondents to show that under..........
Rent and Eviction -- Residential-cum-commercial building - S.20(4) Proviso of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Held, a building which can be used for residential as well as commercial purposes cannot be said to be excluded from the clutches of proviso to sub-section (4), if built, or acquired in vacant state within..........
Specific Relief Act, 1963, Section 39 -- License - Termination by serving notice - Defendant pleading to be tenant over the land in question - Plea of defendant that it is only the eviction petition under the Rent Act which is maintainable - Defendant failed to prove himself to be statutory tenant as pleaded by him - Defendant failed to show any document supporting his..........
Civil Procedure Code, 1908, Section 47 -- Execution - Tenancy of defendant lawfully terminated - Defendant having failed to vacate within statutory period, is liable to be evicted - Rent Act not applicable as 10 years have not passed since the date of its construction - Plaintiff, held, entitled to decree of possession...........
West Bengal Premises Tenancy Act, 1997, Section 44 -- Rent & Eviction - Urgency of repair work - Civil Court's jurisdiction is not ousted when application for appointment of Local Inspection Commissioner is prayed for to ascertain the urgency of repair work - If such urgency is seen from the Commissioner's report in that case by exercising power conferred u/s 151 CPC,..........
Transfer of Property Act, 1882, Section 60 -- Mortgage deed in favour of lessee - Redemption - Survival of leasehold rights - Nothing on record to show that leasehold arrangement which was being enjoyed by defendant had been surrendered either expressly or impliedly and it put to an end to leasehold arrangement between parties and also the character of defendant -..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i), 13(3)(a)(ii), Civil Procedure Code, 1908, Order 8, Rule 5 -- Eviction petition - Bonafide necessity - Pleading - Landlady pleaded necessary ingredients of personal necessity - Tenant not raised any objection to the same and vaguely denied the same not specifically mentioning that landlady or her..........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 3(2), 11 -- Tenancy rights of notified appellant u/s 3(2) of the Act - Appellant questioning the value offered by respondent No. 2 for surrender of it's tenancy rights and also rise in value during pendency of appeal - No better offer received despite advertisement - Respondent No.2..........
