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 - Default on the part of tenant is clear and evident -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional rent - Assessment - Plea of tenant that rent payable is much less than what is claimed by landlord - Tenant produced rent receipts in support of his plea - No occasion to doubt correctness of rent receipts...........
Rajasthan Rent Control Act, 2001, Section 18 -- Eviction petition - Jurisdiction - Plea of tenants regarding no jurisdiction of Rent Tribunal to here and decide dispute between parties is also not acceptable in view of S.18 of the Act which provides that dispute between landlord and tenant can only be decided by Rent Tribunal...........
Rajasthan Rent Control Act, 2001, Section 18 -- Eviction petition - Relationship of landlord and tenant - Contention of tenants, is that there is no relationship of landlord and tenant between the parties - Contention not acceptable in view of admission of original tenant before Rent Tribunal - Even, in eviction application he has admitted tenancy and also admitted that he..........
Rajasthan Rent Control Act, 2001, Section 18 -- Eviction petition - Concurrent findings of fact recorded by both Courts below in favour of landlord is not liable to be disturbed u/arts.226, 227 of Constitution as High Court does not act as a Court of appeal...........
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, when owner denied appellant's claim of tenancy, he just..........
Co-owner -- Eviction petition - One co-owner can file suit for eviction against a tenant if there is no opposition of the other co-owners/co-landlords - However, when other co-owners oppose termination of tenancy then ratio of the judgments of Supreme Court in the case of Sk.Sattar Sk.Mohd. Choudhari applies which lays down that when there are various..........
Transfer of Property Act, 1882, Section 106 -- Lease - Eviction notice - Shop in question was leased to tenant for a period of 11 months as per agreement between parties - After expiry of agreement, tenant became tenant on month to month rent - Eviction notice of 30 days u/s 106 of the Act as given by landlord to tenant is valid - Tenant evicted with conditions...........
Adverse possession -- Holding of property in secrecy will not satisfy one of crucial ingredients which constitute possession adverse to title of landlord - It must be capable of giving notice to all concerned or interested person and it should be open and hostile...........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage and possession of suit premises - Once mortgagee-tenant has failed to prove that he was in possession of suit premises since prior to execution of mortgage, then on redemption of mortgage, mortgagor-landlord becomes entitled to get possession of suit premises...........
