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The respondent-tenant failed to comply with this Court's order dated 02.05.2014 directing payment of rent at the rate of Rs.4,000 per month from March 2017 onwards; the default was uncontroverted and therefore eviction was warranted, leading to allowance of the appeal and setting aside of the High Court judgment.
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The tenant is not entitled to protection under Section 20(4) because he or his family members have acquired properties in vacant state which are not exclusively commercial, and buildings usable for residential-cum-commercial purposes fall within the scope of the proviso. High Court erred in reversing eviction decree; decree of eviction and recovery of arrears restored.
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An appeal may be filed under Section 20 of the Tripura Buildings (Lease and Rent Control) Act, 1975, without deposit of all arrears of rent admitted by the tenant to be due, and it is not incompetent for that reason alone; however, the appellate authority may withhold hearing or interim orders until the rent is paid or deposited, exercising powers under Section 13(2) and (3).
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A sub-tenant whose sub-tenancy is lawful and created before February 1, 1973, is protected under Section 14 of the Act and not liable to eviction merely because the original tenant was evicted for non-payment of rent. The right of the sub-tenant matures into that of a tenant only on determination of the main tenancy and if statutory protection is satisfied. The Courts below correctly found that the sub-tenancy was prior to 1959 and, therefore, the sub-tenant is saved from eviction, and the tenancy of the original tenant was determined from the date of appellate court’s decision, not notice. T…
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Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 does not bar the filing of an eviction petition under the Bombay Rent Act on the ground of non-payment of rent; orders under Section 11(4) of the Bombay Rent Act can be passed notwithstanding the reference of the tenant company to BIFR.
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The respondent's persistent default in paying rent, without sufficient cause and in violation of statutory provisions, entitles the landlady to eviction. Financial hardship and equitable considerations do not override express statutory requirements for payment/deposit of rent.
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Due to protracted litigation of 31 years, the bona fide requirement for personal occupation no longer subsists. Tenant must pay arrears of rent in ten bi-monthly installments at revised rates, and rent is increased retrospectively. Should landlord's son retire and need the premises for his own business, a fresh application can be made.
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The executing court and High Court have no power to extend or abridge the statutory period provided under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 for deposit of arrears and other amounts, and once the conditions for eviction are satisfied and the statutory period lapses without compliance, eviction must follow. The Court clarified that 'amount due' includes not only arrears at the time of filing for eviction but also the rent accruing up to the date of the eviction order.
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Since appellant No. 1 was managing the property and inducted the tenant, it was not open to the tenant to question her authority in the eviction suit for non-payment of rent; failure to raise the issue of non-maintainability due to non-joinder in written statement bars reopening the question, and the trial court decree is restored.
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Electricity charges payable under the tenancy agreement are included in 'rent', and failure to deposit such charges constituted default under the West Bengal Premises Tenancy Act, 1956, justifying eviction.
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