Civil Procedure Code, 1908, Section 100, Delhi Rent Control Act, 1958, Section 50 -- Second appeal - Eviction petition - Jurisdiction of civil Court - Jurisdiction of civil Court to entertain any suit or proceeding is not barred u/s 50 of the Act if deceased was a statutory tenant and right of legal heir/s has expired - Thus, no question of law arises for consideration in..........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25(b) -- Suit for eviction - Ground of bonafide need - Landlord seeking eviction with prospects of expansion of business running from the adjoining shop to the tenanted premises - Therefore, plea of tenant that other shops are lying under lock, therefore, is liable to be rejected - Status of tenants being kirayadaar cannot be..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Eviction order - Brother of tenant appeared before Executing Court contending that he proposed to file objections - However, no objections have been filed rather he file an application U.O.39.Rr1, 2 CPC - Maintainability of objections - Petitioner permitted to raise plea of..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 8(5), 25 -- Suit for eviction - Grant of eviction decree - Challenge as to - There is wilful default in payment of rent by tenant - Landlord/owner clearly established need of premises for his own use and occupation as he had some physical ailment - Landlord clearly making out grounds for eviction - Therefore,..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Eviction petition - Non-payment of rent - Once it is admitted that landlady has not issued any receipt and admittedly for past 25 years tenant has been continuously in possession of said premises, in absence of account maintained by landlady and also in absence of issuing receipt, landlady has to..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Eviction petition - Non-payment of rent - Wilful default - Notice before filing a petition for eviction on ground of willful default is not mandatory - Landlord can file a petition for eviction u/s 10(2)(1) of the Act directly without giving notice - However, when landlord issues a notice under..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(1) -- Eviction petition - Brother claiming rent on basis of money spent by him for construction over demised premises - Failure of brother to produce any agreement showing that he was authorized to collect rent on his own - Tenant paying rent to sister of petitioner - In absence any wilful default on..........
Eviction petition -- Payment of mesne profit - Compromise - Tenant has agreed to vacate tenanted premises and parties are agreed that liability to pay mesne profits would be to extent of only 60%, as had been directed by Court - Said payment is only to made till 31.03.2020 and landlord has agreed to waive off amount subsequent thereafter - Parties agreed to stand by..........
Rajasthan Rent Control Act, 2001, Section 20(3) -- Eviction petition - Default in payment of mesne profit - Issuance of recovery of possession certificate - Tenant not deposited amount of mesne profit - Tenant is required to continue to pay mesne profit to landlord and arrears of mesne profit - If tenant does not vacate commercial premises within three months from date of..........
