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SUPREME COURT OF INDIA

Year of decision: 2001
Details

Rent and Eviction -- Sub-tenancy - Notice of creating sub-tenancy not given to landlord by tenant as required under S.16 - Sub-letting not valid - Sending of notice is mandatory. (West Bengal Premises Tenancy Act, 1956, S.13(1)(a), 13(3), 14 & 16)...........

DELHI HIGH COURT

Year of decision: 2001
Details

Transfer of Property Act, 1882, Section 106, 113, 111 -- Notice - Waiver - After issuance of notice fresh offer of tenancy given on enhanced rent which did not mature - Held, this does not amount to waiver of earlier notice...........

ALLAHABAD HIGH COURT

Year of decision: 2001
Details

Provincial Small Causes Courts Act, 1887, Section 15, Article 4, Bengal, Agra and Assam Civil Courts Act, 1887, Section 25(2) -- Small cause suit - Under U.P. amendment jurisdiction of Judge, Small Cause is Rs.5, 000 and in relation to suits for eviction pecuniary jurisdiction is Rs.25, 000/- - Suit for recovery of rent and damages of Rs.6, 03, 655.54 is beyond pecuniary..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2001
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Ejectment petition - Ground of non payment of rent - Did not subsist when rent tendered - Still exparte ejectment order passed - Held, Rent Controller did not apply his mind - A serious prejudice has been caused to the tenant and rather a mis-carriage of justice has been done to the tenant - Revision allowed,..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2001
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Change of user - 'Business' used in the rent note is of widest import and it will also include all types of manufacturing of the goods...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2001
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(2) -- Sub letting - No neighbour examined to prove that sub tenant has complete control over the part of the demised premises - Account books of sub-tenant also not summoned to establish the alleged relationship of sub-tenancy - Held, sub-tenancy not proved...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2001
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- `Ceased to occupy' - Two factors necessary are (i) actual lose of control of the premises (ii) this lose of control was with the intention to abandon the tenancy rights from the said premises...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2001
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Mere closure of business for some period - Cannot be termed `Ceased to occupy' - Initial onus is upon the landlord that tenant has ceased to occupy the demised premises...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2001
Details

East Punjab Urban Rent Restriction Act, 1949, Section 15 -- Revision - When there is concurrent finding of fact based on proper appreciation of evidence, High Court will not interfere in those findings...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2001
Details

Rent and Eviction -- Bonafide need - Need of landlady is not supposed to be seen for her individual comforts but for the comforts of her family members who are supposed to visit her frequently, especially in her old age. (East Punjab Urban Rent Restriction Act, 1949, S.13(3)(a)(ii)...........

Showing : 2881-2890 of 3623 Results