Back
ANIL KUMAR CHOUDHARY
Sharad Agarwal S/o Late Balkrishna Agarwal – Appellant
Versus
Ainul Nisha W/o Late Md. Ibrahim – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the learned counsel for the appellants.
2. No one turns up on behalf of the respondents in-spite of repeated calls though notices have validly been served upon the respondents. Hence, this appeal is heard ex-parte.
3. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the judgment and decree of reversal dated 12.12.2007 passed by the learned Additional District Judge, FTC-III, Dhanbad in Title Appeal No. 139 of 2005 whereby and where under, the learned first appellate court has set aside the judgment and decree passed by the trial court by which the trial court decreed the suit of the plaintiffs and directed the defendants to handover the vacant possession of the suit property within one month to the plaintiffs and also held that the plaintiffs are entitled to recover a sum of Rs. 3,125/- as arrear rent from the defendants.
4. The case of the plaintiffs-appellants in brief is that the plaintiffs are the owner of the suit premises which were leased to the defendants on monthly rent of Rs. 250/- though the tenancy was initially composite but later on due to differences between the two of the defendants wh
A tenant must adjust overpayments within six months to avoid eviction for non-payment of rent; failure to do so constitutes neglect under the Bombay Rent Act.
The tenant's right to seek and claim adjustment of rents due against the sum paid to the landlords in excess of the agreed rent is not maintainable if the overpaid amount was not in consideration of ....
The main legal point established in the judgment is that the benefit of first default in payment of rent by a deceased tenant extends to the heirs, and mere enhancement of rent without altering other....
The main legal point established in the judgment is the right of the tenant to claim adjustment of advance rent against the monthly rent under the West Bengal Premises Tenancy Act, 1997, and the appl....
Point of law: In terms with the Act of 1972, the jurisdiction of the First Appellate Court under Section 8 of the said Act is the final authority in the matter and the scope of revisional jurisdictio....
The court held that excess rent payments negate claims of default, emphasizing judicial discretion in striking off defenses under Order XV Rule V of C.P.C.
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
