Showing : 1-10 of 67 Results

CALCUTTA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit - Eviction suit - Agreement for tenancy was impounded by trial Court for insufficiency of stamp duty - Plaintiff seeking withdrawal of suit with liberty to file fresh suit on self same subject matter - However, trial Court refused to grant..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Agreement with tenant - Jural relationship of landlord and tenant - Such question has to be decided by keeping in view S.111 of Transfer of Property Act and intention of parties - None of the nine conditions of agreement intended to surrender tenancy rights - Tenancy remained unaffected..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Rent and eviction-- Default in payment of municipal tax - Municipal taxes were included in monthly rent payable under tenancy agreement - Even amendment of 2001 to West Bengal Premises Tenancy Act cast obligation on tenant to pay municipal taxes - Tenant nowhere denied his liability to pay his share of municipal tax..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - - Readiness and willingness - Appellant is tenant of suit property and agreed to purchase it as per agreement - However, respondent landlord denied the same - No evidence was produced by tenant to show his readiness and willingness to perform the contract - On the contrary,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Revenue record-- Proof of tenancy on the basis of revenue entries - Revenue record carries presumption of truth - However, such presumption is rebuttable presumption and in the instant case in view of the admission made by plaintiff presumption stood rebutted as it is not established as to who inducted plaintiff..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 105, 111-- Lease deed - Proof of - Power of Attorney holder, son of landlord deposed in respect of said agreement on basis that he was present when terms of tenancy were discussed - Evidence of said witness cannot be discarded on ground that when landlord himself was available, his power of attorney holder..........
KERALA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Sale agreement between landlord and tenant - By entering into agreement to sell there is no automatic change in nature and character of possession - It essentially depends on intention of parties to be decided on the facts of each case - In the instant case there is specific case of defendant that..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and Eviction-- Sub letting - Transfer of interest in tenancy leading to creation of third party interest - Sub letting of premises for commercial purpose agreed to by the parties - However, transfer of interest in tenancy leading to creation of third party interest in the suit property could not have been done..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2)-- Rejection of plaint - No averments in plaint that plaintiff partnership firm is registered firm - In absence of firm registration certificate and tenancy agreement, without ascertaining existence of privity of contract, Trial Court has wrongly taken plaint on file by giving go to S.69(2) of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Tenancy agreement between employer and employee-- Appellant allotted quarters to their workers for their use and occupation, who were in employment - Contractual relationship between appellant and allottee-worker in relation to quarter for deciding their inter se rights had come into existence - It can be construed as tenancy agreement between..........

Showing : 1-10 of 67 Results