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14 judgments · newest first · showing 1–14
The revision under Section 25 of the Provincial Small Cause Courts Act, 1887 challenged the Small Causes Court’s order rejecting an application for impleadment filed under Order I Rule 10 of the CPC. The applicant, claiming to be the Shebait/Mohatmin of a Hindu deity, sought to be joined so that the …
The plaintiff sought eviction of the defendants for alleged non‑payment of rent, claiming a subsisting tenancy despite an agreement to sell dated 24‑12‑2002. The defendants argued that the agreement and a purported letter of possession terminated the tenancy, invoking protection under Section 53‑A …
The plaintiff, Suresh Shah Sisodiya, who became landlord of a tenanted premises in 2008, filed an eviction suit in the Small Cause Court alleging rent arrears and seeking possession. The defendant tenant denied the landlord's title, presenting a competing chain of title. The trial court found a …
The respondents obtained an ex‑parte decree for ejectment and recovery of rent from the appellants. The appellants filed, on the same day, an application under Order IX Rule 13 of the CPC and an application under Section 17 of the Provincial Small Cause Courts Act, 1887, seeking permission to …
The respondent, claiming ownership of a shop, sued the predecessor of the appellants for arrears of rent and eviction. The trial court passed an ex‑parte decree for Rs 8,000 arrears, Rs 3,212 costs and ordered mesne profits of Rs 2,000 per month until possession. The defendant filed an application …
In 1994 the landlord filed a suit for possession, rent and mesne profits against the tenant, who failed to file a written statement, leading to an ex‑parte decree in 1998. The tenant later filed an application under Order 9 Rule 13 of the CPC (and Section 5 of the Limitation Act) on 25 August 1998 …
The landlord filed a small‑cause suit for eviction, rent and damages against the tenant. The suit, originally valued at Rs.21,175, was later amended to Rs.27,775 and transferred to an Additional District Judge (ADJ) because its value exceeded the then pecuniary limit of Rs.25,000 for a Small Causes …
The landlord filed a suit in the Small Causes Court for recovery of rent and eviction of the tenant, claiming a rent of Rs.1500 per month. The trial court upheld this claim and decreed eviction, but the tenant obtained a revision from the High Court under Section 25 of the Provincial Small Cause …
The landlord let a ground‑floor shop to the tenant and later terminated the tenancy, suing for eviction on the grounds of rent arrears and alleged sub‑letting. The landlord claimed the tenant had allowed Mohd. Ezaj Khan to occupy part of the shop and charge Rs.50 per day for watch‑repair work, while …
The respondents filed a suit for ejectment and arrears of rent under the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, alleging that the defendants had illegally sub-let the property to the petitioner. The Provincial Small Cause Court decreed in favour of the respondents, …
The mother of the respondents filed an eviction suit against the father of the appellants, claiming title to a house based on a 1957 sale deed and seeking to evict the defendant as a tenant. The trial court upheld her title but dismissed the eviction because no landlord‑tenant relationship was …
The landlord filed a suit in the Allahabad Court of Small Causes under the U.P. Urban Buildings Act for arrears of rent and eviction, which was decreed ex‑parte and executed. The tenants applied under Order 9 Rule 13 of the CPC to set aside the decree but neither deposited the decretal amount nor …
Jagdish Prasad, a tenant, was evicted by his landlord Angoori Devi on the allegation that he had sub‑let the premises to Pavan Trading Company. The trial court presumed sub‑letting solely from a photograph showing the son of the trading company’s proprietor in the shop, and ordered eviction. The …
Bhagwan Dass obtained an ex‑parte decree in a small causes suit and, within the limitation period, applied for security under the proviso to s.17(1) of the Provincial Small Cause Courts Act, 1887. He furnished a surety bond stamped with a court‑fee of Rs 2, which the court later held was not duly …
