Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Tenant by way of amendment wanted to raise two preliminary objections - One of preliminary objection was that defendant no.2 has not pleaded about her not owing any premise in same urban area - However, since tenant had already mentioned about her ownership of premises..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Order of provisional assessment of rent - Can be challenged only in very exceptional cases, where the same causes manifest injustice to the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Provisional assessment of rent - Neither partly placed on record rent receipts or any other documents to show arrears of rent and period of rent - Therefore, Rent Controller rightly assessed provisional rent by simply balancing the rival contentions by taking period as stated by tenant and rate..........
Adverse possession -- Plea of adverse possession by tenant - Withdrawal of plea of adverse possession by tenant - Held, tenant having asserted his adverse possession, qua, the `premises in suit', his ostensible tenancy rights in the `premises in suit' disappeared into thin air and provisions of Rent Act ceased to apply to the suit property - Remedy of landlord lay before..........
Adverse possession -- Plea of adverse possession by tenant - Once tenant claims to be in adverse possession of premises, he cannot allege himself to be tenant as both these pleas cannot exist together - Principle of once a tenant always a tenant ends on taking plea of adverse possession and asserting one's own right...........
Adverse possession -- Plea of adverse possession by tenant - Principle once a tenant always a tenant ends on taking plea of adverse possession and asserting one's own right...........
Adverse possession -- Plea of adverse possession by tenant - When plea of adverse possession is raised by a tenant, assuming the title in himself against the real owner and once a notice to determine lease, per S.111(g) of Transfer of Property Act is given, tenant cannot allege ouster of jurisdiction of civil Court...........
Rent and Eviction -- Plea of adverse possession by tenant - Principle of once a tenant always a tenant ends on taking plea of adverse possession and asserting one's own right...........
Rent and Eviction -- Plea of adverse possession by tenant - Withdrawal of plea of adverse possession by tenant - Held, tenant having asserted his adverse possession, his ostensible tenancy rights in the `premises in suit' disappeared into thin air and provisions of Rent Act ceased to apply to the suit property - Remedy of landlord lay before Civil Court...........
Civil Procedure Code, 1908, Order 15A, Delhi Rent Control Act, 1958, Section 2(1) -- Unauthorised occupant - Suit for recovery of possession and arrears of rent/damages/mense profits - Distinction between neighbouring premises and current premises and fact that tenant have been in occupation of suit property for several years - Defendant directed to deposit Rs.1 lakh p.m...........
