9911796707
TMI Blog1990 (11) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... nt in respect of the building within 15 days after expiry of the time fixed in the agreement of the tenancy with the landlord, the Controller may make an order directing the tenant to put the landlord in possession as provided in Clause (i) of Sub-section (2) of Section 13 of the Act. Section 13 of the Act so far as it is material reads as under:- 13. Eviction of tenants. - (1) A tenant in possession of a building or a rented land shall not be evicted except in accordance with the provisions of this section. (2) A landlord who seeks to evict his tenant shall apply to the Controller, for direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied,- (i) t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , herein is the tenant in possession of a shop building owned by Smt. Parmeshwari Devi. An application was filed by Smt. Parmeshwari Devi against her son-in-law, Ram Kumar, under Section 13(2) of the Act for ejectment on the ground of non-payment of rent alleging that Ram Kumar was in possession of the shop in question as tenant. While Ram Kumar conceded the claim, Puram Chand got himself impleaded in the proceedings and contested the matter asserting that he was the direct tenant in possession of the building and there had been no arrears of rent. The Controller dismissed the application finding that Ram Kumar was not the tenant and the second respondent is in possession as tenant and holding the view that the landlord could not be allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enant in possession to make an application in this behalf. The application contemplated under the section is one for a direction to the tenant to put the landlord in possession. The application has to be sustained on anyone of the grounds specified in Sub-section (2) of Section 13 of the Act. When a specific allegation is made that the tenant is in arrears, the tenant is given an opportunity to pay or tender the rent within the stipulated time and avoid an order of ejectment. In a case where the real tenant is not proceeded against in the manner required under Section 13 and proceedings are instituted against another person suppressing the real facts, the landlord cannot succeed simply because the real tenant in possession is brought on rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the landlord seeks to enforce that cause of action in the same proceedings by suit at the amendment or by separate proceedings to entitle the landlord to relief on the basis of such cause of action. The principle that the Court is to mould the relief taking into consideration subsequent events is not applicable in such cases. 5. The appellants herein have even when the second respondent applied for getting himself impleaded as a party in the proceedings directed against the first respondent, Ram Kumar, refuted the claim that second respondent is the tenant. They did not amend the petition or seek eviction of the second respondent, though the Court ordered the second respondent to be brought on record as a necessary party. in the earlier pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
