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RAJASTHAN HIGH COURT
Year of decision: 2005
Details
Agreement to sell-- Suit for specific performance - Mortgagor after mortgaging premises taking it on rent - Subsequently entering into agreement of sale with mortgagee - Entire consideration amount paid - Relationship of landlord and tenant cease to exist - On decretal of suit of specific performance plaintiff is..........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Restraining defendants from realising rent - Prima facie plaintiff not able to demonstrate his title - Plaintiff not a party to the rent agreement - No irreparable loss or injury will be caused to plaintiff in case rent is realised by defendant, as, such a loss can be fully..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Rent and Eviction-- Tenant filed suit for specific performance of agreement for sale of suit premises - Counter claim of landlord for possession by eviction - Tenant failed to establish his claim - Held, counter claim of landlord cannot be decreed only on ground that tenant had denied title of landlord when..........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Rent and Eviction-- Relationship of landlord and tenant - Agreement to sell between landlord and tenant - Entire consideration amount paid - Relationship of landlord and tenant ceased to exist - Subsequent vendee does not acquire landlord and tenant relationship as no such relationship existed between erstwhile owner..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a)-- Sub letting - Parting with exclusive possession in favour of brother - Once tenant has parted with exclusive possession of a tenanted premises then a reasonable inference arises with regard to consideration and payment of rent - Such an agreement between tenant and sub tenant is always a secret..........
MADRAS HIGH COURT
Year of decision: 2004
Details
Rent and Eviction-- Non payment of rent - Agreement to sell with tenant - Tenant asserting that he is in possession in part performance of agreement of sale - Not mentioned in clear terms in agreement that relationship of landlord and tenant has been terminated and that tenant is under no obligation to pay rent -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(1)-- Arrears of rent - Interest - Liability to pay interest arises only if tenant has not paid or tendered rent due in respect of building within 15 days after the expiry of time fixed in the agreement of tenancy for payment of rent...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Agreement to sell-- With tenant - In absence of a clause in the agreement that tenancy will come to an end and tenant will not be liable to pay rent thereafter there is no question of any surrender of tenancy, either expressly or impliedly - Tenant will still be liable to pay rent and liable to ejectment for non..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, 2-- Relationship of landlord and tenant - Purchase of property on basis of agreement to sell, general power of attorney, affidavit and will - Possession delivered to prospective vendee - On the same day rent note executed by vendor in favour of vendee - Held, general power of attorney holder is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(b)-- Change of user - Shop rented out for Karyana and other household merchandise - Tenant started Table Tennis Club - In absence of prohibition in the agreement from changing one business to another, change of business will not amount to change of user unless the category of the building itself is..........

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