TaxTMI 
TaxTMI 
1990 (11) TMI 430
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....paid or tendered the rent due from the tenant 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 o....
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....r rented land and may extend such time so as not to exceed three months in the aggregate. 3 ... 4 ... 5 ... 6 ... 2. Puran Chand, the second respondent, 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 C....
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.... High Court to the contrary is erroneous. 4. We are impressed by this argument. We have referred to the relevant provision in the statute which requires the landlord who seeks eviction of the tenant 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 re....
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....he tenant is expected to defend only the claim made against him and if a cause of action arises to the landlord on the basis of the plea set up by the tenant, in such action, it is necessary that 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....