Transfer of Property Act, 1882, Section 107, 106 -- Termination of lease - Lease deed executed for a fixed period of 30 years - Rent payable annually - Lease shall be deemed to be yearly lease with secured terms of 30 years - Quit notice issued by landlord by granting 15 days notice is contrary to S.107 of the Act, as termination of lease can be made only by issuing a quit..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Dismissal of petition - Bonafide need - Need of landlord qua tenanted premises have to be essentially considered on date of institution of the petition as is instituted in 1988 as per which Additional Rent Controller rightly held that petitioner of eviction petition bonafide require tenanted premises for..........
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, Section 9 -- Jurisdiction of civil Court - Agreement in question is determined as licence for continuing existing business - Bombay Rent Act does not cover such arrangements - Jurisdiction of civil Court is not ousted...........
Delhi Rent Control Act, 1958, Section 38, Limitation Act, 1963, Section 14 -- Eviction petition - Application seeking to reopen issues already adjudicated upon by way of seeking permission to lead additional evidence - For claiming benefit of S.14 of Limitation Act, party must show that it was prosecuting other proceedings with due diligence and in good faith - In present..........
Delhi Rent Act, 1995, Section 25B, 38, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction petition - Ex parte decree - Appeal against - Maintainability - In eviction petition to which procedure prescribed u/s 25B of the Act applies, an appeal u/s 38 of the Act is not maintainable against an order dismissing an application U.0.9.R.13 CPC/S.25B(9) of the Act - Only..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Suit for recovery of arrears of rent - Rent so claimed is quantified and measured and in the event plaintiff succeeds in the suit, he can be compensated appropriately thereof for use and occupation of premises by defendant - Plaintiff could not suffer an irreparable loss and injury..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - It is apparent that previous tenancy on first floor was never pleaded in application for leave to defend - Still further, in absence of any material that accommodation on first floor is sufficient, leave to defend cannot be granted - Still further, landlord cannot be forced..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - Tenants have not produced any material to show that premises was let out to electronic security systems - Rather landlord has produced rent deed to prove that separate portions were let out to petitioners herein, who are two brothers - Hence, even if rent has been paid for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - It is apparent that apart from shop number, landlady had also identified property by giving description of properties situated in all four directions - Tenants themselves claim that they are in possession of shop which is a part of bigger building - Thus, there is no dispute..........
