Lease/Tenancy -- Right of tenant to purchase tenanted property - Tenant stated that landlord orally offered him to sell the lands and he paid full consideration - Documents in question categorically referred to sale transaction, clearly spelling out that amount was towards an installment payable as consideration for purchase of property - Contention of landlord that said..........
Adverse possession -- Tenancy right and adverse possession - Both the pleas are mutually destructive and inconsistent, thus, cannot be sustained...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of civil Court in view of S.85 of Maharashtra Tenancy and Agricultural Lands Act - Civil Court was obliged to see whether appointment of a receiver for administration of Estate of a deceased person would actually fall within mandate of S.88-B(1)(d) of Maharashtra Tenancy and..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Release application for need of son of landlord - Plea of tenants that they are tenants for last 60-70 years and therefore as per R.16(2)(a) of U.P. Urban Building (Regulation of Letting Rent and Eviction) Rules application for release does not..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17 -- Tenant in secured asset - Protection - Appellant claimed that he is tenant of Secured Asset and also paid advanced rent - However, borrowers in their detailed representation have not claimed that any tenant is staying in secured asset - Documents..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of tenant - Landlord who happens to be senior citizen cannot seek eviction of tenant under the Act, who is neither his children nor a relative, as tenancy is not a transfer of property - Senior citizen landlord has to seek eviction under ordinary law - Application dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - It is apparent that previous tenancy on first floor was never pleaded in application for leave to defend - Still further, in absence of any material that accommodation on first floor is sufficient, leave to defend cannot be granted - Still further, landlord cannot be forced..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - Tenants have not produced any material to show that premises was let out to electronic security systems - Rather landlord has produced rent deed to prove that separate portions were let out to petitioners herein, who are two brothers - Hence, even if rent has been paid for..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3) -- Eviction petition - Tenanted premises had become unsafe and unfit for human habitation - Right of re-entry - Tenant ordered to be evicted under provisions of S.14(3) of the Act has a right of re-entry on new terms of tenancy and not merely because this proviso contains an expression in re-built building - Same..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Revenue entries qua tenancy of plaintiff and his payment of rent - Corrected by competent revenue authorities in favour of defendant and even appeal filed by plaintiff against order of revenue authorities has been dismissed by competent statutory appellate authority - Plaintiff cannot claim to be in..........