Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Relationship of landlord and tenant denied - Proposed amendment claiming as tenant and that he is regularly paying rent - Once petitioner has clearly averred in written statement that he is not tenant of premises in question, now he cannot be allowed to wriggle out from such..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 35, Rule 5 -- Rejection of plaint - Interpleader suit by tenant - It was still to be decided as to who is the real landlord - Trial Court directed plaintiff to deposit rent in Court and the same was directed to be released to the rightful claimant after determination of the issue of entitlement..........
Delhi Rent Control Act, 1958, Section 25B -- Eviction - Residential requirement - Leave to defend - Eviction petition filed on ground that accommodation available with petitioner/landlady not sufficient to meet her residential requirement - Husband of petitioner retired from CRPF in April, 2005 - Family consists of petitioner, her husband, two sons and, daughter in law and..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, 15, Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction - Ex parte order - Setting aside - Petitioner filed instant revision petition u/Art.227 of Constitution of India whereas his remedy against ex parte order of eviction lies u/s.15 of the Act of 1973..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Bona fide requirement - Contention of respondents/tenants that petitioners/landlords have also filed similar ejectment applications against other tenants also and thus, present petition is not maintainable - Petitioners have satisfied Court that demised premises forms one integrated..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B - - Eviction - NRI landlord - Bona fide requirement - Leave to contest - Petitioners/landlords satisfied Court that they intend to settle back in India and want to run hospital in whole of SCO - Held, it is immaterial if they have not filed project report, financial potential, site plan etc. for establishment of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i) -- Eviction petition - Bona fide requirement - Held, it is well settled that landlord is best judge of his needs - If he considers existing accommodation insufficient and his need is more for commodious accommodation, tenant cannot dictate his terms and it is not for Court to go into such a question to arrive..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i) -- Eviction petition - Bona fide requirement - Proof - Landlord in his statement has unequivocally stated that her wife wants to run her business from demised premises separately as existing space is unsuitable, short and insufficient - Evidence on record shows that at the time of filing of petition, landlord..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) - - Eviction - Re-construction of building - Right of re-entry of tenant - Loopholes in proviso pointed out - Held, first proviso gives right of re-entry to tenant, on new terms of tenancy on basis of mutual agreement between landlord and tenant, to premises in re-built building equivalent in area to original..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3) -- Eviction - Re-construction of building - Re-entry of tenant - Directions by HC - Held, while permitting/allowing rebuilding, Rent Controller/Appellate Authority shall fix a time within which construction has to be commenced and completed by landlord - Tenant must vacate premises in order to enable landlord to..........
