Constitution of India, 1950, Article 226 -- Eviction order - Writ petition - Unauthorized occupant - Question as to when tenancy was created or when petitioner or his predecessor-in-interest became a tenant, is not merely a question of law but a mixed question of fact and law - Petitioner having not raised this question before either prescribed authority or appellate..........
Partition suit -- Plaintiff in plaint mentioned that partition never took place but during cross-examination he admitted that they were residing separately and he had tenant in his portion - He also admitted the fact that he had taken separate electricity and water connection in the year 1981 and they were cooking food separately from 1977 - Defendant had raised..........
Civil Procedure Code, 1908, Section 151 -- Police protection - Decree of permanent injunction - Violation - Plea by J.D. that some steps have been taken to record himself as a cultivating tenant - However, so far no order has been passed by revenue authorities - No ground to interfere with the order of Executing Court in directing police protection...........
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..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution till disposal of second appeal - Eviction decree - There is no scope to pass any blanket stay order without any terms and conditions - Execution of eviction decree stayed till disposal of appeal subject to payment of occupational charges of Rs.10,000/- p.m by tenant...........
Eviction suit by a co-owner -- Plea of partition by tenant - Tenant has no concern with partition of property in dispute and it is open only for co-owners - Tenant has no right to raise issue of partition in eviction suit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute with regard to vacation of shops in question - Physical inspection of shops in question is thus, relevant and will be of certain use and assistance of Rent Controller for deciding relationship inter se tenant and landlord as to whether it exists on land owned by landlord -..........
Rent & Eviction -- Deposit of rent in Court - Permissible only till landlord refuses to accept rent - Once landlord expresses his willingness to accept rent by serving notice, tenant has no option but to deposit rent to landlord. (Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, S.30)..........
Co-owners -- When tenant purchased share from some co-owner improving his status from tenant to that of co-owner, entire title had not come to such tenant, rather he had acquired partial ownership and full tenancy rights...........
Rent and eviction -- Sub-letting - Tenant assigned his business in the leased premises in favour of sub-tenant by executing assignment agreement and also received earnest money - Very act of execution of document was sufficient in itself to complete breach of lease condition and statutory mandate and did not require anything further - Breach being complete on his part..........
