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1 - 10 of 11 (0.33 seconds)Section 116 in The Indian Evidence Act, 1872 [Entire Act]
Section 14 in The Delhi Rent Act, 1995 [Entire Act]
Kanta Goel vs B.P. Pathak & Ors on 1 April, 1977
It has also been held in a catena of judgments of the Hon'ble
Supreme Court and more specifically in Sri Ram Pasricha vs.
Jagannath 1976 RCR (Rent) 832, (1976) 4 Supreme Court cases
184, Kanta Goel vs. D.P. Pathak, 1979 (1) RCR (Rent) 485; (1977)
2 Supreme Court cases 814 and Pal Singh vs. Sunder Singh
1989 (2) RCR (Rent) 331; : (1989) 1 Supreme Court cases 444;
Pal Singh vs Sunder Singh (Dead) By Lrs. & Ors on 10 January, 1989
It has also been held in a catena of judgments of the Hon'ble
Supreme Court and more specifically in Sri Ram Pasricha vs.
Jagannath 1976 RCR (Rent) 832, (1976) 4 Supreme Court cases
184, Kanta Goel vs. D.P. Pathak, 1979 (1) RCR (Rent) 485; (1977)
2 Supreme Court cases 814 and Pal Singh vs. Sunder Singh
1989 (2) RCR (Rent) 331; : (1989) 1 Supreme Court cases 444;
Dr. Jain Clinic Pvt. Ltd. vs Sudesh Kumar Jassal on 22 August, 2013
In view of the aforesaid documents as well as in view of
Section 116 of Indian Evidence Act, the tenant is estopped from
questioning the title of the landlord especially when he has tendered
or paid rent to the landlord. Furthermore, it has been held in Dr. Jain
Clinic Pvt. Ltd. Vs. Sudesh Kumar Dass in RCR No. 136/12 that
"it is settled law that in the context of Delhi Rent Control Act, what
appears to be the meaning of the term 'owner' is that vis-a-vis the
tenant i.e. the owner should be something more than the tenant."
The position in law is that "The ownership" of the landlord for the
purpose of maintaining a petition U/Sec. 14(1)(e) of the D.R.C. Act is
not required to be a absolute ownership of the property and it is
ARC. No. 25751 of 16 Sanjay Gupta vs. S.C. Jain Page 9/17
sufficient if the landlord is a person who is collecting the rent on his
own behalf. The imperfectness of the title of the premises can
neither stand in the way of an eviction petition U/Sec. 14(1)(e) of the
Act, nor can the tenant be allowed to raise the plea of imperfect title
or title not vesting in the landlord and that too when the tenant has
been paying rent to the landlord."
Section 5 in The Indian Evidence Act, 1872 [Entire Act]
Precision Steel And Engineering Works ... vs Prem Deva Niranjan Deva Tayal on 7 October, 1982
In Precision Steel & Engineering Works & Anr. Vs. Prem
Devi Niranjan Deva Tayal (1982) 3 SCC 270, the Apex Court has
held that "the prayer for leave to contest should be granted to the
tenant only where a prima facie case has been disclosed by him. In
the absence of the tenant having disclosed a prima facie case i.e.
such facts as would disentitle the landlord from obtaining an order of
eviction, the Court should not mechanically and in a routine manner
grant leave to defend."
M/S. India Umbrella Manufacturing Co. & ... vs Bhagabandei Agarwalla (Dead) By ... on 5 January, 2004
Furthermore, in M/s Indian Umbrella Manufacturing Co. &
Ors. vs. Bhagabandei Agarwalla (Dead) by LRs Smt. Savitri
Agarwalla & Ors., AIR 2004 1321; it was held that:
Sriram Pasricha vs Jagannath & Ors on 24 August, 1976
It has also been held in a catena of judgments of the Hon'ble
Supreme Court and more specifically in Sri Ram Pasricha vs.
Jagannath 1976 RCR (Rent) 832, (1976) 4 Supreme Court cases
184, Kanta Goel vs. D.P. Pathak, 1979 (1) RCR (Rent) 485; (1977)
2 Supreme Court cases 814 and Pal Singh vs. Sunder Singh
1989 (2) RCR (Rent) 331; : (1989) 1 Supreme Court cases 444;