defendant’s-tenant's eviction under the Rent
Act exists. When these two things are proved,
eviction suit succeeds.
15. Third, the question ... existence of
any ground on which the eviction is sought under
the Tenancy Act , the eviction suit succeeds.
16. Conversely, if the landlord proves
Control of Rent and Eviction Act, 1947--U.P. Act
No. III of 1947) did not apply;
(ii) the eviction suit must be pending ... which an eviction suit can be rounded
against a tenant. Clause (a) permits the institution of a
suit for eviction if the tenant
force. This clause obviously deals with
pending suits. If a suit had been filed for the eviction of
a tenant on the basis ... Acts, including Provincial Small Causes Courts Act,
1887 . Suits for possession, including suit for the eviction
of lessee from the building after the termination
herein raised an objection as to the
maintainability of the said Eviction Suit No.18 of 1990
before the learned Munsif Small Causes ... Eviction Suit, the said suit was
hopelessly barred under Section 20 of the Rent Act and the
decree passed on such suit by wrongfully assuming
suit for eviction on the ground of personal necessity and as for eviction on other grounds. For the former class of suit, a summary procedure ... included order refusing eviction. In other words, the main sub-section may embrace order of eviction as well as order refusing eviction, but because
issue in the suit for specific performance is not "directly and substantially in issue" in the suit for eviction. It is submitted that ... eviction suit. That is not "material and essential" for the decision of that suit. That suit can be decided without determining this question
Kishan Lal vs. Govind Ram ) on 12/3/1993 dismissing the eviction
suit in respect of a shop situated at Bhopalganj, Bhilwara inter alia ... litigation in rent control and eviction
matters is truly reflected in the present case where the eviction suit
filed way back on 12/1/1978
valuation of the suit, the learned trial court held that the plaintiff has filed this suit for eviction and accordingly valued the suit ... premises in suit which is being occupied by the defendant as a tenant.
In a suit for eviction, however, the defendant is entitled
learned counsel submitted that the suit is bad for multiferiousness inasmuch as one suit is not maintainable for eviction of a tenant from two different ... Partnership Act applies to both types of suits i.e. suits by the firm as well as suits on behalf of the firm.
The learned
This question has to be decided in the suit itself.
This apart, in a suit for eviction only question
has to be decided ... decided in that suit and there is no
admission by the plaintiffs in that suit that the suit property in the
eviction suits
