...reconstruction as the same was in dilapidated condition and for arrears of rent. The defendant while not disputing landlord tenant relationship denied plaint allegation contending inter...vs. Nidi Lekha that - S.A.No.1073/2014 10. Law is well settled that it is for the landlord to decide how and in what manner he should live and that he is the best judge...of his residential requirement. In deciding the question of the bona fide requirement, it is unnecessary to make an endeavour as to how else the landlord could have adjusted himself. [see...

...attorn the tenancy not valid, since the title and landlord-tenant relationship denied. The Rent Control Court disposed the HRCOP No.15 of 2014 on 13.04.2017 with liberty to the parties to work out their.../1strespondent pleaded that the property was purchased by her under the sale deed from defendants 1 to 3 and the same was intimated to the appellant/the tenant/4thdefendant and sought for...is the case of the plaintiff/1strespondent that soon after the purchase, the appellant who was a tenant in the premises was informed about transfer of title and request to attorn the...

...petitioner denied the relationship of landlord and tenant alleging therein that the premises in question were let out not by Mohan Lal but by his brother Sham Lal. The rate of rent was disputed and it was...of bona fide dispute regarding either rate of rent or the period but where the tenant has denied the relationship of landlord and tenant between the parties, the benefit of providing another...opportunity to the tenant to tender the rent is not available.Admittedly, the petitioner has denied the relationship of landlord and tenant. In view of the judgment of this court in Hukma Devi...

...question of title over the property is not required to be gone into and only the question regarding landlord and tenant relationship needs to be examined by the Rent Tribunal. The respondent-tenant having denied the landlord tenant...Section 9 of the Rajasthan Rent Control Act, 2001. The respondent-tenant has denied the landlord and tenant...relationship, it is for the respondents No. 1 to 3 to establish that there exists relationship of landlord and tenant between them and the respondent No. 4. Obviously, if...

...written statement in Paragraphs 28 and 32 denied the relationship of landlord and tenant. The provisions of Order XV, Rule 5 CPC are not applicable to a case where...relationship of landlord and tenant is denied.2. Shri Tandon learned Counsel for the applicants relied upon a decision in the case of....3. In view of the settled law upon the point that Order XV, Rule 5 is not applicable to a case where the relationship of landlord and tenant is denied by the tenant...

...whether the then Rent Controller ought to have made provisional assessment. In this regard, it may be observed that when the tenant has denied the relationship of landlord and tenant, the Rent Controller...learned appellate authority has rejected the said application by way of impugned order by holding that when the relationship of landlord and tenant is denied then there is no necessity for the Rent...respondent. In spite of execution of said rent agreement when the petition was filed, relationship of landlord and tenant has been denied by him. Even before the Rent Controller he took no steps to...

...service of summons had entered appearance and filed the written statement and denied the landlord tenant relationship and had not deposited the rent in terms of the requirement of Sec.13 of the Act...that since the landlord tenant relationship has been denied by the petitioner, therefore, till a finding is recorded by the court that the petitioner is tenant of the respondents, the provisions of...on the point and has reached to the conclusion that even if the petitioner has denied the landlord tenant relationship, then also for seeking the protection u/S.13(1), he is required to deposit the...

...obliged to assess the provisional rent. Since in the case in hand also, the petitioner-tenant has specifically denied the relationship of landlord and tenant and asserts himself to be a tenant under one...relationship of landlord and tenant between the parties.As ruled by the Hon'ble Supreme Court in Rakesh Wadhawan and others v. M/s...Jagdamba Industrial Corporation and others, 2003 (2) Civil Court Cases 361 (SC), where the tenant has disputed the relationship of landlord and tenant, the Rent Controller is not...

...jurisdiction to entertain the proceedings, inasmuch as it was denied that there was any relationship of landlord and tenant between the parties. Consequently, it was further contended, the provisions of Section..., there is no substance in the contention that as soon as the appellant denied the relationship of landlord and tenant, the jurisdiction of the authorities under the Act was completely ousted. Nor...protection. The Act postulates the relationship of landlord and tenant, which must be a pre-existing relationship. The Act is directed to control some of the terms and incidents of that relationship...

.... 3,97,915/- on the date of filing of the petition and the tender made by the tenant was short and invalid. It was further held by the Appellate Authority that once relationship of landlord—tenant is denied...Singh (supra) and Hukma Devi (supra), it is clear that once relationship of landlord—tenant is denied, neither assessment of rent is required to be made nor or any opportunity is required to be given...this Court, if tenant denies the relationship of landlord-tenant or tenders lesser amount, he does so at his own risk and if at the final stage, the Courts come to the conclusion that the relationship of landlord—tenant was wrongly denied and...

...the respondent- landlord in his rejoinder that the petitioner had denounced the landlord-tenant relationship and denied accepting the respondent as landlord is per se not convincing, since no such plea...petitioner-tenant never denied the status or capacity of the respondent as landlord. 4. Stay petition also stands disposed of. (FARJAND ALI),J 197-Samvedana/- 2 ...express terms. A plain reading of the reply, particularly paragraph 10 thereof, makes it abundantly clear that the petitioner never denied the capacity of the respondent as landlord. The plea taken by...

...the suit was filed by the plaintiffs-appellants on the basis of relationship of landlord and tenant. Indeed, when the defendants denied the title of the plaintiffs and the tenancy the plaintiffs filed...and all that has been set up by them in the plaint is the relationship of landlord and tenant.6. In our opinion the High Court was not quite correct in observing that...the present suit treating them to be trespassers and the suit is not on the basis of the relationship of landlord and tenant between the parties. It is no doubt true that the plaintiffs had alleged...

...relationship of landlord and tenant. It is a well settled law that the relationship between the parties is denied then it is a triable issue in such cases leave to defend can be granted. In these...was no such requirement under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (‘the Act’ for short) that in case, where there was a dispute qua relationship of landlord and tenant...Rent Restriction Act. If there is any triable issue between the tenant and landlord then leave to defend can not be provided to the tenant. In the present case, the respondent has denied the...

...(SC) would not be applicable as the tenant-petitioner had denied the relationship of landlord and tenant. Reliance has been placed on two judgments of this Court in the cases of...denied the relationship of landlord and tenant, then the Rent Controller would be under no obligation to pass an assessment order granting an opportunity to the tenant-petitioner to deposit the arrears...found that the tenant-petitioner is in arrears of rent since 1.4.1999 It has further been held that relationship of landlord and tenant existed between the parties and that the judgment of the Supreme...

...when the relationship of landlord and tenant is not denied. Consequently, the Rent Controller, if has rectified the order of assessment of rent and has proceeded to decide the case on merits, committed...of non-payment of assessed rent. Perusal of the written statement filed by the respondent reveals that the relationship of landlord and tenant between the parties has not been admitted. Therefore, the...landlord and tenant between the parties has been denied by the respondent. 4. As per ration of law laid down in case of Rakesh Wadhawan 1 of 2 CR-7804-2016 -2- and...

...statement filed by him, Salikram claimed that the plaintiff was not the owner of the house. He also denied execution of rent note dated 30-5-1967 and pleaded that there did not exist landlord-tenant...finding that the plaintiff has failed to establish landlord-tenant relationship.5. The plaintiff challenged the judgment and decree of the trial court in Civil Appeal No. 17-A of...Ram Agrawal (an attesting witness of Ext. P-2) and PW 3, handwriting expert M.R Deshpande, and held that the plaintiff has been able to prove the landlord-tenant relationship between him and the...

...any relationship of landlord and tenant. He also denied that he ever executed a rent deed. The trial court dismissed the suit on the finding that the plaintiff failed to prove that there was any...relationship of landlord and tenant. The plaintiff-respondent filed revision against the said order. Respondent No. 2 has allowed the revision by the impugned order.3. Sri Tarun Bhattacharya..., learned counsel for the petitioner, contended that the revisional court was not justified in setting aside the finding on the question of relationship of landlord and tenant. In...

...if relationship of landlord-tenant is denied by the tenant, then there is no question of assessing the rent and there is no question of permitting the defendants to deposit the assessed rent along...—tenant argued that relationship of tenantlandlord is denied bonafidely, since the society—landlord has filed so many eviction petitions and all the tenants were of the view that society is not a landlord...528, has held that where the tenant has denied their relationship of landlord-tenant between the parties, the benefit of providing another opportunity to the tenant to tender the rent is not...

...service of summons had entered appearance and filed the written statement and denied the landlord tenant relationship and had not deposited the rent in terms of the requirement of Sec.13 of the Act...that since the landlord tenant relationship has been denied by the petitioner, therefore, till a finding is recorded by the court that the petitioner is tenant of the respondents, the provisions of...on the point and has reached to the conclusion that even if the petitioner has denied the landlord tenant relationship, then also for seeking the protection u/S.13(1), he is required to deposit the...

...denied the relationship of landlord and tenant or the title of the plaintiff-revisionists still they are liable to comply with the 2nd part of the Order 15, Rule 5 of the Code of Civil...struck off the defence of the defendant-respondents for the reason that the defendant-respondents have denied the relationship of landlord and tenant and the stage has not come in the suit to decide about...second part of Rule 5 Order 15 CPC the defence was rightly struck off irrespective of the fact that he denied the relationship of landlord and tenant.8. A...