Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(9)---Ejectment application---Striking off defence of tenant---Scope---Denial of relationship of landlady and tenant---Landlady and tenant entered into an "agreement to sell" and a "tenancy agreement" at the same time with regards to rented premises---Under the terms of the agreement to sell a sum was deposited by the tenant in the landlady's account as advance while the balance sale consideration was to be paid by a specific date---Under the tenancy agreement the tenant was inducted in the rented premises as tenant for a period of six months---Subsequently tenant stopped paying rent and also failed to pay the balance sale consideration to get the conveyance deed registered, but retained the possession of the rented premises---Rent Controller directed the tenant to tentatively deposit future rent and also to deposit the arrears of rent---Upon failure to comply with such direction, the landlady filed an application under S. 17(9) of the Cantonment Rent Restriction Act, 1963 for striking off defence of the tenant---Said application was allowed by the Rent Controller and the tenant was, directed to vacate the rented premises and hand over its possession to the landlady---Validity---Possession of rented premise was handed over to the tenant under a written tenancy agreement for a period of six months and tenant also paid advance rent---Mere expiry of six months tenancy period, in such circumstances, had not ipso facto terminated the relationship of landlady and tenant between the parties, as even after the expiry of such period, tenant's status as regards possession of rented premises remained that of the tenant---As long as the agreement to sell was not specifically performed between the parties or enforced through court proceedings, tenant's status as regards possession of the rented premises remained that of a tenant---Such legal position also found support from the terms of the agreement to sell---Rent Controller was, thus, fully justified in ordering striking off defence of the tenant under S. 17(9) of the Cantonments Rent Restriction Act, 1963, due to admitted non-compliance---Further a civil suit…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492