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AVANINDRA KUMAR SINGH
SAVITRI SONI – Appellant
Versus
NEKSE S/o JUKTIRAM VAISHYA – Respondent
ORDER :
1. This second appeal has been filed by the appellants/plaintiffs against the judgment and decree passed by the learned Second Additional District Judge, Gwalior in Civil Appeal No. 54-A/84, judgment and decree dated 18-8-2001 wherein the appeal filed on 9-2-1982 by which the learned First Appellate Court confirmed the judgment and decree passed by the learned Fourth Civil Judge, Class II, Gwalior in C.S. No. 532-A/75, Navalkishore vs. Nekse, judgment and decree dated 12.1.1982 dismissed the suit of the plaintiff for eviction of tenant from House No. 346/29, Lohia Bazar, Lashkar and payment of arrears of rent.
2. It is not disputed that the suit property was originally rent to Nekse on 1-9-1962 on a rent of Rs. 25/- per month.
3. The trial Court, after hearing the parties and on he basis of their pleadings and evidence adduced, held that the tenant has not encroached upon the additional space besides the area rented out to defendant. The trial Court further held that the plaintiff does not require rented premises for repair or for new construction and, therefore, do not find it bona fide for the same purpose. It further held that rent is due on defendant but on account of the
The judgment establishes that repeated defaults in rent payment by a tenant, without timely applications for extension, can lead to eviction under the M.P. Accommodation Control Act.
The tenant is not liable to deposit the time-barred arrears of rent, particularly having regard to the requirement in Section 12(1)(a) that the arrears of rent must be legally recoverable from the te....
The main legal principle established in the judgment is the mandatory nature of the statutory provisions outlined in Section 7 of the West Bengal Premises Tenancy Act, 1997, and the inapplicability o....
Eviction proceedings under the Goa Buildings (Lease, Rent & Eviction) Control Act are valid if the tenant fails to deposit rent as required, and the landlord's bona fide requirement can justify evict....
A tenant must deposit all arrears of rent, including time-barred amounts, to claim protection from eviction under Section 15(3) of the Maharashtra Rent Control Act.
Timely application and deposit of rent, even if slightly delayed due to holidays, fulfill statutory requirements preventing eviction under the Maharashtra Rent Control Act.
Mandatory compliance with rent deposit provisions under the West Bengal Premises Tenancy Act is essential; failure to comply results in striking off the defence.
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