Showing : 1-10 of 127 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Possession delivered as vendee agreed to pay rent at customary rate - Held, this is a reciprocal promise and was an essential part of the agreement to sell...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Possession delivered as vendee agreed to pay rent at customary rate - Vendee did not pay rent for 13 long years - Vendee did not act in a proper manner - Equity is totally against him - Vendee is not entitled to claim discretionary relief of specific performance of agreement..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 8-- Appointment of arbitrator - Dispute as to sharing of rent of lease space - Cl.19 of Addendum that in the event of any dispute and difference arising among parties out of, in connection with or relating to agreement will be referred to arbitration - High Court committed grave error in not referring..........
DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 2(12)-- Mesne profits - Stay beyond period provided in the lease agreement - Defendant is liable to pay mesne profits - No evidence led to measure damages that can be awarded as mesne profits - Held, plaintiff is entitled to mesne profits of 15% per annum over the last paid rent - Plaintiff is also..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Failure on the part of plaintiffs in not paying monthly instalments, not collecting rent from tenant living in suit property, not paying house tax etc., not taking action for eviction of tenant, shows that they were not ready and willing to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Rajasthan Rent Control Act, 2001, Section 6-- Revision of rent - Tenant paying rent as agreed between parties before commencement of Act and even after commencement of Act - Landlord cannot claim revision of rent as per agreement @ 10% p.a after enforcement of Act - Observation of High Court that landlord was entitled to rent as was payable..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-- Eviction - Change of user - Premises let out for saw mill which is now utilized for purpose of manufacturing of grills - In the agreement there was no restriction to run business only relating to saw mill - Tenant was given liberty to carry on any other business as well - Held, in the absence of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Rent and eviction-- Default in payment of municipal tax - Municipal taxes were included in monthly rent payable under tenancy agreement - Even amendment of 2001 to West Bengal Premises Tenancy Act cast obligation on tenant to pay municipal taxes - Tenant nowhere denied his liability to pay his share of municipal tax..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 106-- Lease - Eviction notice - Shop in question was leased to tenant for a period of 11 months as per agreement between parties - After expiry of agreement, tenant became tenant on month to month rent - Eviction notice of 30 days u/s 106 of the Act as given by landlord to tenant is valid - Tenant..........
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 -..........

Showing : 1-10 of 127 Results