Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute regarding ownership - Admittedly, property was leased out in year 2007 and application was filed for eviction on 2013 - Litigation qua title is already pending in civil proceedings and the same as such would have no immediate bearing on East Punjab Urban Rent Restriction Act - Thus, where..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought by landlord only to elaborate his ground of bonafide requirement - Amendment will only help Rent Controller to come to valid conclusion as to whether requirement is justified and bona fide - Evidence not yet complete and no prejudice will be caused to tenants if amendment is..........
Delhi Rent Control Act, 1958, Section 14, 25B(4) -- Eviction petition - Leave to contest - If Authority/Court finds that grounds raised prima facie disclose defence, which, if accepted may result in no, suiting landlord from claiming eviction, tenant is entitled to obtain leave to contest eviction proceedings on merits - Authority/Court is not expected to examine merits..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 3(a) -- Eviction - Devolution of tenancy - Suit property taken on rent by father-i, law and after his death his son (husband) became tenant and after his death wife became tenant - In absence of any son or daughter tenancy would devolve upon heirs of husband - Her brother does..........
Rent and eviction -- Bona fide need - Comparative hardship of parties has to be taken into consideration...........
Rent and eviction -- Bona fide need - Subsequent event - Marriage of landlady during pendency of appeal - Need of landlady does not get extinguished as she wanted the premises not just for herself but to accommodate her parents and grandparents in the suit premises so that they can live together...........
East Punjab Urban Rent Restriction Act, 1949, Section 16, 17 -- Scope and purpose - Intention of legislature was to provide special and expeditious procedure for disposal of matters under Act - It has been left upon authorities under Act to device their own procedure free from technicalities and formalities of procedural law except for what has been provided u/S.16 and 17..........
East Punjab Urban Rent Restriction Act, 1949, Section 16, 17, Civil Procedure Code, 1908, Order 18, Rule 4 -- Rent and Eviction - Recording of evidence by Commissioner - Merely because documents have been filed alongwith affidavit same would not ipso-facto be admissible in evidence as same are subject to orders of Court...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7, East Punjab Urban Rent Restriction Act, 1949, Section 16, 17 -- Admissibility of document - Petitioner has raised objections to proof and admissibility of documents - Rent Controller should have proceeded to pass appropriate order on objections raised by counsel for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 96 -- Eviction petition - Warrant of possession issued for execution of order - It is not disputed that first instalment was deposited which is 3 days after execution application is filed - Even, in order to avoid ejectment and to comply with terms of compromise, tenant..........
