Showing : 1-10 of 119 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 20, Rule 12, Indian Contract Act, 1872, Section 73, 74-- Mesne profits - Lease deed - Actual rate of prevailing rent - No evidence led as to what was actual rate of prevailing rent for grant of mesne profits at a rate higher than agreed rent - Lease deed in question also does not provide for a figure of Rs.48,000 p.m to be granted as enhanced rent -..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 60-- Redemption of mortgage and possession - Plea of prior tenancy by mortgagee - Mortgage deed silent as to prior possession of defendant as tenant - Recitals in mortgage deed shows that on date of mortgage, possession of suit premises was delivered to defendant - More so, if defendant was in..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 15, Rule 5(As-- Striking off defence - Default in payment of rent - Plaintiffs are husband and wife who jointly purchased disputed shop and inducted defendants as tenant - Arrears of rent not paid by defendants, as they claimed that plaintiff no.2 sold half of suit property to defendant no.2 - Sale deed regarding..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Delhi Rent Act, 1955, Section 3(c)-- Applicability of Act - Provisions of Act not applying to certain premises as per S.3 of the Act - But that does not mean Arbitration and Conciliation Act ipso facto will be applicable, even though lease deed contains arbitration clause - Rights of parties and demised premises will be governed by..........
DELHI HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 106-- Lease deed - Notice - Suit for possession - Once there exists landlord and tenant relationship between parties and rate of rent is above Rs.3500/- p.m in Delhi and there is no registered lease deed for tenanted premise, then, by serving notice u/s 106 of the Act suit for possession can be filed -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and Eviction-- Original landlord gifted the suit property to his brother who in turn transferred the same to plaintiff by executing sale deed - Tenants not questioned the validity of sale deed in favour of plaintiffs - Gift deed in favour of brother of original landlord held to be valid by High Court between..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and eviction-- Landlord and tenant relationship - Landlord proved registered sale deed by which his father was owner - Ownership also established by assessment record maintained by Cantonment Board - Apart from documentary evidence landlord also adduced oral evidence - Mother of landlord maintained account book..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Stamp Act, 1899, Section 47A-- Stamp Duty - Lease deed - Rent and future rent consideration for the lease - Held, it is the amount of lease rent on which stamp duty is chargeable...........
KERALA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 105-- Lease - Renewal clause - Specific performance - Parties intended to renew the lease by execution of a fresh lease deed and not a mere extension of the lease under existing lease deed - No formula or machinery provided in the lease deed in order to decipher the rate of rent or the duration of lease..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34, 37-- Suit for declaratory and injunction - Right claimed as no, occupancy tenant on rent basis - Plaintiff was unable to prove his plea that owner of suit property executed gift deed of 4 biswas and not 4 bighas in favour of education department and his possession over suit property is as no, occupancy..........

Showing : 1-10 of 119 Results