Vikas Sharma Vs Girraj Mittal
.... o more receipts viz. receipts No. 36 and 38 which were neither part of pleading nor at any point of time were served upon the petitioner/tenant. Under such circumstances, petitioner/tenant contended that those receipts were forged and fabricated and could not have been relied upon. However, trial Co ...
MADHYA PRADESH HIGH COURT (GWALIOR BENCH)
Gopal Dutt Dholakhandi Vs S.K. Tamotia and Others
.... that default is required to be established as willful to enable the trial court to successfully invoke provision of Section 13(6) of 1961 Act, but it is equally important to see that directory nature of Section 13(6) of 1961 Act and the tendency to interpret the same in liberal manner does not whitt ...
Madhya Pradesh High Court (Gwalior Bench)
Manoj Agarwal Vs Geeta Singhal
.... ve been fixed retrospectively i.e. w.e.f. October, 2011. 10. The trial court by allowing the application u/S 13(2) of Act of 1961 has fixed the provisional rent @ Rs. 5,000/- and has directed the tenant / defendant to deposit the same with the Court w.e.f. October, 2011 after appropriating the re ...
Madhya Pradesh High Court (Gwalior Bench)
Rani Vs Sirajuddin
.... 2 had raised the plea before the trial Court that the appellants were in arrears of rent from 9.6.2005 to 8.9.2008. It has been found proved that the appellants had filed an application dated 10.1.2011 disputing the rent before the trial Court and the trial Court had fixed the interim rent of Rs. 10 ...
Madhya Pradesh High Court (Indore Bench)
Mahesh Verma Vs Suresh
.... rent since 1/12/2007 at the rate of Rs. 1,000/- per month and accordingly, disposed of the application of the petitioner/defendant u/s 13(2) of the Act of 1961 and that of respondent/plaintiff u/s 13(6) of the Act of 1961. In the conclusion, it is directed that in the event defendant/petitioner fail ...
Madhya Pradesh High Court
Santosh Kumar Sharma Vs Sooraj Prasad Shrivastava
.... al Court on 28-3-2011 and thereafter, he had taken time to file WS and the same was filed on 20-5-2011. Till then, neither the entire arrears of rent nor recurring monthly rent at the contractual rate was deposited and subsequently on filing the impugned application on behalf of the respondent for s ...
Madhya Pradesh High Court
Kailash Chand Vs Sonu and Another
.... unt of rent as well as on rate of rent. The Court below has clearly erred in treating it to be a dispute only on rate of rent. 7. The question involved in this case is no more res integra. The Apex court has drawn curtains on this aspect in Jamnalal and Others Vs. Radheshyam, . Full Bench judgm ...
Madhya Pradesh High Court (Gwalior Bench)
Gurudayal Vs Anant Kumar
.... the appellant was under an obligation to comply with the provisions as contained in Section 13(2) of the Act, but as stated herein above, the appellant could not deposit the rent of March 2009 in time, however, it was deposited after two months, for which application was filed after five months on 9 ...
Madhya Pradesh High Court (Gwalior Bench)
Shabnam Karim Vs Ram Kumar @ Mahendra Kumar Mishra
.... 13 of the Act and in terms of second limb of Section 13 (1) of the Act. 12. While decreeing the suit 1st Civil Judge Class I, Bilaspur has decided issue No. 1 as proved which is as follows:-- 13. Trial Court gave detail finding but there was dispute relating to rate of" rent till passing of ...
Chhattisgarh High Court
M/s Agrawal Medical Agencies Vs Govind Prasad
.... th day of each English calendar month obtaining receipt. As per Clause 2 (g) the tenant shall pay 10% increased rent every after two years, and such increase shall be effective from 1st April, 1994 onwards. The period of the lease was for five years. Admittedly no further renewal of the lease deed i ...
Madhya Pradesh High Court
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