Rent and eviction -- Non-payment of rent - Condonation of delay - There was long delay in deposit of rents - Condonation of delay can take place only when defaulting tenants so pleads with justifiable reasons which would show that he was prevented from compliance by circumstances beyond his control - Tenant not offered any explanation for delay in deposit of rents - No..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A -- Rent and eviction - Leave to defend - Delay in filing application for leave to defend - Delay cannot be condoned as Limitation Act is not applicable - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought to substitute word `business' with `practice' - Word `business' is of wide import and essentially include expression `practice' as it is systematic and continuous activity by a person by the application of his labour and skill with a view to earn profit - Once that is the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought by tenant pertains to maintainability of eviction petition in view of bar u/s 14(6) of H.P Urban Rent Control Act - However, very same question was earlier raised by tenant by filing application U.O.7.R.11 CPC before Rent Controller - However, same application though allowed..........
Contempt of Courts Act, 1971, Section 12, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Contempt of Court - Disobedience of eviction decree - In the instant case, landlord was handed over possession with police help - However, on death of landlord, tenant again forcibly took possession of premises from the wife of landlord - Hence, there is wilful..........
Transfer of Property Act, 1882, Section 106 -- Notice - Joint tenants - Single tenancy devolves on heirs of original tenant - There is no division of premises or of rent payable - Notice terminating tenancy u/s 106 of the Act, served on one of heirs of original tenant is capable of terminating tenancy inherited by joint tenants...........
Transfer of Property Act, 1882, Section 116 -- Tenants at sufferance - Original tenant permitted to continue in possession of suit premises after determination of lease on payment of rent - However, original tenant did not pay rent and continued to stay for sometime - Original tenant is tenant holding over till the time of default in paying rent and after that tenant at..........
Tenancy agreement between employer and employee -- Allotment of quarter to employee - Eviction suit - Quarter in question was allotted to employee by virtue of he being in appellant's employment - Employee was therefore under contractual obligation to vacate the quarter on his retirement - He did not do so and instead sought extension to vacate after 6 months, which was..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- House rent - Wife living with her parents and not paying any rent - Award of Rs.5,000/- as house rent, set aside...........
Rent and eviction -- Sub-letting - Stranger engaged in the shop and paid 50% labour charges - It is either a case of partnership or sub-letting - Moreover such stranger not examined to substantiate the version that he was engaged by tenant as his worker - Tenant is liable to be evicted on the ground of sub letting...........
