Rent and Eviction -- Bona fide requirement - Death of landlord during pendency of eviction proceedings - Remand of case on the ground that on death of landlord during pendency of eviction proceedings his heirs had to demonstrate afresh, the bona fide requirement of leased land - Crucial date for deciding the bona fides of requirement of landlord is the date of his..........
Rent and Eviction -- Limitation Act - Generally applicable to proceedings under Tenancy Act - However, if there is lesser time period specified as limitation in the Rent Act then provisions of Limitation Act cannot be used to expand the same. (Limitation Act, 1963 and West Bengal Premises Tenancy Act, 1997, S.40)...........
Rent and Eviction -- Tenancy Acts provide for certain protections to the tenants beyond the contractual rights - Thus, provisions of Rent Act must be strictly adhered to...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - Leave to defend - Rent Controller can grant leave to defend if affidavit filed by tenant discloses such facts as would disentitle landlord from obtaining an order for recovery of possession u/s 13-B of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - Leave to defend - Tenant is introducing new case which Supreme Court is not to entertain new pleas - Requirements of S.13-B of the Act are complied with by landlord - Onus is on tenant to disclose such facts as would disentitle summary eviction u/s 13-B of the Act, which he failed to do..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Eviction suit - Tenant sought production of additional documents i.e site plan of disputed premises - However, said documents is of no relevance especially when rent petition has been filed on the ground of arrears of rent and bona fide requirement - Moreover, there is no whisper that despite..........
Transfer of Property Act, 1882, Section 109 -- Eviction suit - Transfer of property by original landlord to transferee during pendency of suit - Specific averment made in sale deed that eviction suit is pending before SCC Court and authority is given to transferee to contest the suit - There is no dispute that it also includes right to recover rent - Transferee therefore,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of LRs of transferee - Eviction suit - Interest has devolved in favour of transferee after execution of sale deed by original landlord - Sale deed is having specific averment about pendency of SCC suit for arrears of rent and eviction - Since during pendency of suit proceedings, transferee died, his LRs were..........
Rent and Eviction -- Late payment of rent as per direction of Revenue Court is a valid ground for effecting eviction...........
