Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2), Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 8 -- Eviction order - Order that tenant not to be evicted if he pays arrears of rent within 30 days from the date of order - Period of 30 days is to be computed by excluding the day on which order was passed...........
Suit for Eviction -- Recovery of arrears of rent and mesne profits while claiming service of notice to quit upon defendant prior filing of suit - Application for leave to defend dismissed - Without going to trial it cannot be said that defendant has no defence against plaintiff`s locus standi to file suit claiming exclusive ownership in respect of suit premises and for..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Rent and eviction - Fixation of fair rent - Sale of suit property during pendency - As per material available on record, tenant admitted that earlier landlord has assigned all rights, title, interest and legal rights to present landlord - Therefore,..........
Rent and eviction -- Non-payment of rent - Rent controller vide its earlier order while leaving open the issue of rent from 1.4.2001 to 31.1.2004 directed the tenant to pay the rent from 1.10.2004, as there is dispute with regard to said period - Tenant failed to pay the rent in terms of said order - When the matter was taken up for consideration, Rent controller came to..........
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...........
