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Showing posts with label non payment of rent. Show all posts
Showing posts with label non payment of rent. Show all posts
Monday, 7 May 2018

Whether it is necessary for tenant to prove that he is ready and willing to pay rent to avoid eviction decree?

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"Tenant pays"- the material words in Section 15(1) are preceded by words "so long as" and independently or even withou...
Thursday, 29 March 2018

Whether revision is maintainable against order of striking off defence in default of payment of rent?

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Even in the absence of such a provision, the hardship which was liable to be suffered by the landlord has been sought to be obviated by th...
Sunday, 25 February 2018

Whether eviction of tenant on ground of non payment of rent and bonafide need constitute distinct cause of action?

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Is the requirement of personal use and occupation by the landlord under sub-section (3)(a)(i) a distinct and separate cause of action from...

Whether landlord can file fresh proceeding for eviction of tenant on ground of non payment of rent and bonafide need?

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In our view, the High Court ought to have considered the fact that in eviction proceedings under the Rent Act  the ground of bona fide requ...
Sunday, 24 May 2015

Whether court can condone delay of two days in payment of rent in eviction suit?

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Mr. S.C. Gupta, appearing for the tenant as the petitioner in this writ petition has submitted that there was no evidence of any probati...
Saturday, 23 May 2015

Whether liability of tenant to pay previous rent is absolved due to limitation for recovery of arrears of rent?

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The purpose of enacting this proviso to Section 13(3) appears to be that the arrears of rent payable by the tenant are required to be dec...

When court can not give extension of time or condone default in depositing rent within stipulated period?

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 Thus, on analysis of the aforesaid two decisions we find that wherever the special Act provides for extension of time or condonation o...
Friday, 22 May 2015

Whether court has discretion not to pass eviction decree when tenant has failed to pay arrears of rent within prescribed period?

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 It is clear to us that the Act interferes with the landlord's right to property and freedom of contract only for the limited purpose o...

When court is bound to pass decree for eviction?

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IN THE SUPREME COURT OF INDIA SLP (Civil) No. 735 of 2014 Decided On:  07.11.2014 Appellants:  Yusufbhai Noormohammed Jodhpurwala...
Sunday, 12 April 2015

Whether court is justified in passing decree for eviction if tenant is irregularly making payment of rent?

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In Mranalini B. Shah v. Bapalal Mohanlal Shah, the Supreme court has observed: "The above enunciation, clarified beyond doubt that...
Friday, 6 April 2012

Whether eviction of tenant is permissible in case of non payment of time barred rent?

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 It is well settled law that law of limitation bars the remedy of the claimant to recover the rent for the period beyond three years prior ...