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CPC O. 6 R. 17 - 'due diligence' - Fault of lawyer

CPC O. 6 R. 17 - Court must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide and dishonest amendments

Home Tenancy and Rent Act

Rent Act – Bona-fide need  – Dependants  – A minor variation in the statement.

by PLRonline
in Tenancy and Rent Act
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Rent Act –Bona-fide need  –  A minor variation in the statement cannot defeat the right of eviction available to the landlord under a statute – Landlords his two sons were earlier running a manufacturing unit of the footwear which has failed and now they wish to settle in the premises in question – The landlord could have filed a petition only for bonafide requirement of one son –  Assuming that landlord while leading evidence has stated that requirement is only for one son even then it would not improve the case of the tenant.

Rent Act – Bona-fide need  –  Dependants  – Landlord filed a petition with specific pleadings that earlier these sons referred to above were running a manufacturing unit of the footwear which has failed –  Once the previous business of the sons have failed, obviously they are dependent upon their father.

Rent Act – Bona-fide need  –  Ingredients of availability of alternative shop or having not vacated such a building without sufficient cause, has not been pleaded with respect to the son for whom eviction is sought for –   Plea that such requirements are statutory in nature and therefore, mandatory requirement to be pleaded – Tenant has to raise an objection at an appropriate place i.e. at the time of filing written statement enabling an opportunity to the landlord to amend the petition – Tenant cannot be permitted now to take the landlord by surprise – Practice and procedure.

2018 PLRonline 1303

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Tags: def, Evidence, Filing, Minor, Pleadings, Practice and Procedure, Rent - Bona fide need, Sufficient Cause, Tenancy - Bonafide necessity, Writ, Written Statement
Tags: defEvidenceFilingMinorPleadingsPractice and ProcedureRent - Bona fide needSufficient CauseTenancy - Bonafide necessityWritWritten Statement

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