Showing : 81-90 of 1308 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 3(a)-- Eviction - Devolution of tenancy - Suit property taken on rent by father-i, law and after his death his son (husband) became tenant and after his death wife became tenant - In absence of any son or daughter tenancy would devolve upon heirs of husband - Her brother does not fall under category of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Bombay Tenancy and Agricultural Land Act, 1948, Section 70(B)-- Protracted tenant - Declaration of status - Petitioners claimed to be tenants in respect of individual plots - However, gut numbers mis-matched with survey numbers provided by petitioners in respect of plots claimed by them - More so, several rounds of enquiries already undertaken and petitioners..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 11, Civil Procedure Code, 1908, Order 22, Rule 4-- Execution - Eviction order - Death of original tenant - Impleadment of all legal heirs not necessary - Tenancy devolves on legal heirs as joint tenants, therefore, even when only one of legal heirs of deceased tenant, who is in possession of property is impleaded in execution proceedings,..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Rent and Eviction-- Derivative title - Relationship of landlord and tenant - Once Assignee/Vendee proves his title to the property, original tenancy devolves on the Assignee/Vendee and tenant/lessee by operation of law on the same terms and conditions on which it was entered into with the original landlord/lessor and..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 116-- Derivative title of an Assignee/Vendee - Tenant is estopped from challenging title of landlord during continuation of tenancy - However, tenant/lessee is entitled to challenge the derivative title of an Assignee/vendee of original landlord in an eviction brought by assignee/vendee against tenant..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Rent and Eviction-- A tenancy is creation of contract between two persons who are capable to enter into contract called lessor/landlord and lessee/tenant - Two persons can be either living person or juristic person such as partnership firm or a company...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Rent and Eviction-- Once tenancy is created either orally or in writing with respect to a land or building then it is always subject to relevant provisions of Transfer of Property Act or State Rent Acts - Ss.105 to 111 of Transfer of Property Act provide certain safeguards, create some statutory rights, obligations,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 106, 107-- Notice - Termination of tenancy - Appellant have not been able to establish extension of period of tenancy - When present suit was filed tenancy of appellants had already come to an end - Held, even filing of suit ifself is a notice regarding termination of tenancy...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 107, 53A-- Termination of tenancy - No denial of fact that period of tenancy, by taking from any angle has already expired before filing of suit - Protection u/S.53A of Act shall only available during subsistence of contract...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Previous suit for recovery was filed by plaintiff-respondents - By that time, appellants had no cause of action to file suit for ejectment as by date period of tenancy had not expired - Cause of action to file suit for ejectment had accrued to plaintiff only during..........

Showing : 81-90 of 1308 Results