Showing : 1081-1090 of 1632 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 106, 113-- Notice to quit - Acceptance of rent after issuance of notice to quit and even after institution of suit - Held, mere acceptance of rent does not amount to waiver of notice to quit unless there is any other evidence to prove or establish that landlord so intended...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 106, 111(h), 113-- Notice to quit - Acceptance of rent by landlord after the said notice - Waiver of notice to quit - Mere acceptance of rent does not amount to waiver of notice to quit - There must be some act on the part of the landlord showing his intention to treat the lease/tenancy as subsisting...........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 1(3), Civil Procedure Code, 1908, Order 19, Rule 1-- Eviction petition on ground of personal necessity - Subsequent event - During pendency of petition landlord obtained vacant possession of another shop - Fact has material bearing on ground of personal necessity - Purpose can be served by permitting defendant to file affidavit with liberty to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)-- Rent & Eviction - Shop - Personal necessity - Lack of experience to run a particular business - Not a ground for dismissal of eviction petition once landlord proves that he intends to start new business and premises is required for his personal use...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, East Punjab Urban Rent Restriction Act, 1949, Section 13-- Sub-letting - Ceased to exist before filing of eviction petition - Tenant is liable to eviction - For eviction on ground of sub letting it is not necessary that sub-letting must be in subsistence at the time landlord applies for tenant's eviction...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(a), East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a)-- Sub letting - Landlord if proves parting of possession then inference of sub letting can reasonably be drawn unless the tenant is able to show some other relationship between him and sub-tenant - The fact being in the personal knowledge of the tenant it would be for him to prove the nature of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(a)-- Sub letting to sons - Proof - Direct proof is not possible when parties are close relations and it has to be inferred from the circumstances - If parting of possession is proved then inference of subletting can be drawn unless tenant shows some other relationship between him and sub-tenant - The..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- Eviction petition - Ground of personal necessity - Landlord not entering witness box and attorney deposing on behalf of principal - Held, attorney is competent to depose in respect of all matters except, the matters which are required to be done personally by the principal - Normal rule is that..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) & S.13(3)(b)-- Eviction - Requirement of premises for son to start business - Son not appearing as a witness - Not material to determine bona fide requirement of landlord - Landlord deposed as to his requirement and his evidence believed - No interference in order of eviction...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-- Non residential building - Bona fide requirement - Landlord can seek eviction of a tenant from a non residential building on the ground that he requires it for his own use...........

Showing : 1081-1090 of 1632 Results