Back
VIVEK SINGH THAKUR
Panna Lal and Sons – Appellant
Versus
Arun Kumar – Respondent
JUDGMENT :
VIVEK SINGH THAKUR, J.
1. Invoking provisions of Article 227 of the Constitution of India, present petition has been preferred for setting aide order dated 8.9.2022 passed by Rent Controller, Shimla in Execution Petition No. 78 of 2019, titled as Arun Kumar vs. M/s Panna Lal and Others, whereby Rent Controller has dismissed an application under Order 14 Rules 1 and 2 of the Code of Civil Procedure, filed by the petitioners, for framing an issue in Execution Petition.
2. Predecessor-in-interest of respondents/landlords had instituted Rent Application No. 56-2 of 2002/98, titled as Khem Chand vs. M/s Panna Lal and sons on 22.4.1998, which was allowed vide order dated 14.9.2010, ordering eviction of the petitioner/tenant from the premises in reference on the ground that the premises was required bona-fide by the landlord for re-building and re-construction and also on the ground that tenant had carried additions and alterations in the premises without written consent of landlord, materially impairing the value and utility of the premises.
3. Appeal bearing No. RC 41-S/13(b) of 2010, preferred by tenant was partly allowed by the Appellate Authority vide judgment dated 30.7.2012,
The jurisdiction to execute a decree for eviction under Section 13(1)(f) of the West Bengal Premises Tenancy Act, 1956 lies with the trial court that passed the decree, and not with the rent controll....
Eviction under Section 11(3) necessitates proving a genuine and bona fide need, distinct from mere whimsy, emphasizing the burden of proof on landlords.
A landlord seeking eviction for demolition and reconstruction under the Maharashtra Rent Control Act must comply with specific statutory requirements, including providing equivalent carpet area to th....
The High Court's revisional jurisdiction is limited to ensuring lower courts adhered to legal standards, without reassessing evidence as in an appellate court.
Bona fide requirement for eviction is assessed as on the date of filing the petition. A landlord's subsequent death does not extinguish the need or vitiate the decree; legal heirs may enforce the ord....
The executing court affirmed that a valid compromise decree must be executed regardless of the landlords' objections, emphasizing the importance of compliance with contractual obligations.
CPC is not applicable to rent cases as it is applicable strictly to Civil Suits, but principles contained in provisions of CPC are applicable for adjudication of Rent Petition also.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
