Chhattisgarh Rent Control Act, 2011, Section 4 -- Application for eviction - Dismissal of application - Landlord and tenant relationship - Petitioner, who bought disputed property in middle of continuation of tenancy filed suit for eviction almost after 12 years of purchasing shops - Petitioner failed to give any plausible reason for not taking any legal action for..........
Special Marriage Act, 1954, Section 27(1)(b), (d) -- Suit for divorce - Desertion and cruelty - Husband alleges that due to continuous humiliation and cruel treatment by wife, he shifted to a rent free accommodation - However, said fact is not supported by cogent evidence - Infact, wife categorically deposed that husband stared living in rent free accommodation while she..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 16(5)(a) -- Review of an order regarding vacancy - Unless there is finding regarding vacancy, there cannot be either allotment or release - It is a precondition for an order u/s 16(1)(a) or (b) - Once the finding is that there is no vacancy, the same is certainly open to be..........
Rent and Eviction -- Dilapidated condition - Landlord failed to prove the same - Evidence of Expert witnesses produced by both sides shows that premises in question is fit for human habitation - Rent Controller dismissed the eviction petition after appreciating evidence on record, which was affirmed by Appellate Court - High Court in its revisional jurisdiction rightly..........
Madhya Pradesh Municipalities Act, 1961, Section 127 -- External development charges - Charged by Municipality - Liability to pay - Said charges are applicable to any colonizer, house construction society or individual person who constructs a colony under supervision of Municipal Corporation - In instant case, respondents being Government entities, developing dwelling..........
Rent and Eviction -- Eviction petition - Necessary parties - Law as to : (i) Landlord and tenant are the only necessary parties; (ii) To get eviction order landlord is required to plead and prove two things namely (a) there exists relationship of landlord and tenant (b) existence of grounds on which eviction is sought; (iii) question of title is not germane to the decision..........
Rent and Eviction -- Even if landlord is able to make out only one ground out of several grounds of eviction, he is entitled to seek eviction of his tenant from suit premises on basis of sole ground which he has made out under Rent Act...........
Rent and Eviction -- Sub-letting - If tenant is able to prove that he continues to retain exclusive possession over tenanted premises notwithstanding any third party's induction in tenanted premises, no case of sub-letting is made out against such tenant...........
Rent and Eviction -- Sub-letting - Sin qua non for proving case of sub-letting is that tenant has either whole or in part transferred or/and parted with possession of tenanted premises in favour of any third person without landlord's consent...........
Rent and Eviction -- Sub-letting - Contradictory stand of tenant - Denial of sub letting in written statement - However, in examination-in-chief it was stated that sub tenant is his employee and in the next breath it was stated that sub tenant is partner in tailoring business - It seems that tenant was not sure as to what stand he should take to meet the plea of sub..........
