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..........
Rent and eviction -- Occupation of premises after order of eviction - Adjudication of charges for use and occupation of premises - Premises were taken on rent about 30 years ago @ Rs.800 - When there is no clarity, Court has to rely on rule of thumb to balance equities - Tenant to pay Rs.7,000/- per month over and above contractual rate - Arrears will be restricted to 3..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 1825 days in filing appeal against ex parte decree - Defendant already exhausted remedy U.O.9.R.13 CPC - Appeal against ex parte decree filed after 5 years from dismissal of application U.O.9.R.13 CPC - Defendant can file an application U.O.9.R.13 CPC and a regular..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death by burning - Financial crisis was root cause of quarrel between accused and deceased - Incident occurred in a sudden fight at the spur of moment at the heat of passion, as admitted by deceased in Parcha bayan and dying declaration, when deceased demanded money from accused for payment of rent -..........
Transfer of Property Act, 1882, Section 106 -- Lease - Merely because landlord accepted rent after termination of tenancy from tenant, but said amount appropriated and adjusted by landlord not towards rent but towards use and occupation charges of tenanted premises after termination of tenancy, it cannot be said that plaintiffs created a fresh lease in favour of defendant..........
