Delhi Rent Control Act, 1958, Section 14(1)(e), Civil Procedure Code, 1908, Section 92 -- Eviction petition - Bonafide necessity - To maintain a petition u/s 14(1)(e) of the Act landlord does not have to show absolute ownership but is required to show a better title than tenant - Further a tenant who admits his tenancy and even admits relationship of landlord-tenant cannot..........
Rent and Eviction -- Derivative title of an assignee - Tenant is estopped from challenging title of his landlord, yet tenant is entitled to challenge derivative title of an assignee of original landlord of demised property in an action brought by assignee against tenant for his eviction under Rent Laws - However, this right of a tenant is subject to one caveat that tenant..........
Evidence Act, 1872, Section 116 -- Derivative title of an Assignee/Vendee - Tenant is estopped from challenging title of landlord during continuation of tenancy - However, tenant/lessee is entitled to challenge the derivative title of an Assignee/vendee of original landlord in an eviction brought by assignee/vendee against tenant for his eviction from demised property..........
Civil Procedure Code, 1908, Order 21, Rule 97, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 12 -- Eviction - Recovery of possession - Tenant compromised eviction suit with landlord and agreed to vacate suit premises within stipulated period as reported in the compromise decree - Tenant did not vacate suit premises within stipulated time - Execution..........
Delhi Rent Control Act, 1958, Section 3,50 -- Two co-owners - Tenant purchasing share of one co-owner - Tenant cannot raise the plea of determination of tenancy on the ground of merger of his rights in that of share of the undivided estate of landlord, unless that merger is in respect of complete title or interest - It is not open to tenant to challenge maintainability of..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Landlord getting ownership of tenanted premises by way of Will - Landlord filing eviction application on the ground of bonafide requirement - Tenant disputed ownership of landlord on the ground that no probate of the Will obtained - Held, tenant cannot dispute title of landlord - Tenant is a stranger to the Will and as such..........
Civil Procedure Code, 1908, Order 12, Rule 6, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Evidence Act, 1872, Section 116 -- Tenanted premises a newly constructed shop - Civil suit filed for eviction by landlord after service of notice to quit u/s 106 of TPA Act - Simultaneous ejectment petition filed under Rent Act also - In the written statement..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Evidence Act, 1872, Section 116 -- Eviction petition - Bonafide requirement - Concept of ownership under the Act - Court has to see title and right of landlord qua tenant - Only thing to be seen by Court is that landlord has been receiving rent for his own benefit and not for and on behalf of someone else - If landlord was..........
Transfer of Property Act, 1882, Section 111 -- Once a person is found to be a tenant - No right to throw a challenge to title of his landlord - Tenancy if for a fixed period - Terminates automatically on expiry of lease period - Person in possession becomes unauthorised occupant - After expiry of lease period - Lessee has no right to continue in possession of property -..........
Evidence Act, 1872, Section 116 -- Denial of landlord's title - It is open for the tenant to challenge derivative title but it is not open for him to plead or contend that the original landlord from whom derivative title was claimed did not have title...........
