Showing : 51-60 of 66 Results

SUPREME COURT OF INDIA
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Consent decree - Eviction petition - Decreed by consent on ground of sub-letting - Contention of sub-tenant rejected that no further evidence was required to prove that eviction order was the outcome of collusion and fraud perpetrated by landlord and main tenant...........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Transfer of Property Act, 1882, Section 105, 107-- Test to determine - (i) Real test is to find out the intention of the parties keeping in mind that in cases where exclusive possession is given, the line between lease and license is very thin; (ii) Intention of the parties to be gathered from the document itself and mainly, intention is to be..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Transfer of Property Act, 1882, Section 105, 107-- Lease or license - Test to determine - (i) Real test is to find out the intention of the parties keeping in mind that in cases where exclusive possession is given, the line between lease and license is very thin; (ii) Intention of the parties to be gathered from the document itself and mainly,..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 22, 20, 2(h), 7A, 5, 32D-- Acquisition of proprietary rights by tenant in respect of tenancy land - Entitlement as to - A tenant as defined in Section 2(k) who is not liable to be ejected as provided in clauses (a) and (b) of sub - section (1) of Section 7 - A is entitled to file application for acquisition of proprietary..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Rent and Eviction-- Sub-letting - Pleading - 'The plaintiffs say that pending the suit the defendants have or any of them has inducted in the suit premises Defendant Nos.4 & 5 unlawfully' - Held, that such averment afforded sufficient notice to the other side that he was putting forth a case that first respondent was..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Rent and Eviction-- Sub letting - Onus of proof - The onus to prove sub-letting is on the landlord and if he establishes parting of with the possession in favour of a third party, the onus would shift to the tenant to explain...........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
West Bengal Premises Tenancy Act, 1956, Section 13, 16(1)-- Suit for ejectment - Eviction decree - Execution - Resisted by second sub-tenant on ground that decree for eviction is passed without making him a party - Second sub tenant not complied with provisions of S.16(1) of the Act - Second sub-tenant also not covered by S.13(2) or 13(4) of the Act - Non..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Rent and Eviction-- Sub-letting - Sub-tenancy or subletting comes into existence when the tenant gives up possession of the tenanted accommodation, wholly or in part, and puts another person in exclusive possession thereof...........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Rent and Eviction-- Sub-tenancy - Proof - To prove sub-tenancy two essential conditions to be satisfied are (1) That sub-tenant was in exclusive possession of property; (2) That between the sub-tenant and chief tenant there was relationship of lessee and lessor - In the instant case first condition fulfilled but not..........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Pepsu Tenancy Agricultural Lands Act, 1955, Section 22, 7A, 20, 2(k)-- Punjab Tenancy Act, 1887 - Proprietary rights - Three conditions to be satisfied (1) He must be a tenant defined under the Punjab Tenancy Act; (2) He was in possession of the land as on December 3, 1953; (3) He was a tenant under the landowner or predecessor in title for a continuous period of 12..........

Showing : 51-60 of 66 Results