Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
Transfer of Property Act, 1882, Section 107 -- Lease - Renewal of lease - Lease involved is perpetual lease with a clause of renewal on expiry of lease period - Renewal of lease means creation of new lease which creates a fresh right and obligation between contracting parties - Thus, once a renewed lease comes within scope of S.107 of the Act, such a lease can be made only..........
Transfer of Property Act, 1882, Section 106 -- Lease - Termination - Failure to vacate premises by tenant - Damages - Damages would come into effect only after expiry of tenancy period i.e. after 7 years in terms of Rent agreement - Thus, damages per day from date of filing of suit may not be sustainable - Tenant shall pay sum of Rs.1,25,000 as monthly rent for remaining..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for possession was filed - Subsequent suit filed for damages and use and occupation of the property after expiry of lease period - Cause of action in both the suits is different and there are different consideration for..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Expiry of lease period - Appellant has not vacated premises - Admittedly, tower remained on premises of plaintiff therefore, lower appellate Court has rightly assessed mesne profit @ Rs.1,000/-...........
Transfer of Property Act, 1882, Section 116 -- Termination of lease - Mere acceptance of rent by landlord after expiry of period of lease would not amount to waiver of termination of lease...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Eviction petition - Non-payment of rent - Wilful default - Notice before filing a petition for eviction on ground of willful default is not mandatory - Landlord can file a petition for eviction u/s 10(2)(1) of the Act directly without giving notice - However, when landlord issues a notice under..........
Transfer of Property Act, 1882, Section 116 -- Tenant at sufferance - Expiry of lease - If lessor accepts payment of lease money from tenant then S.116 confers status of tenant holding over on yearly or monthly basis - After expiry of lease period, and in absence of payment of rent by lessee, status of lessee would be that of tenant at sufferance and not tenant holding..........
Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111 -- Suit for possession by landlord - Failure of tenant to prove forfeiture of tenancy prior to expiry of lease period - Mere non-payment of rent does not amount to forfeiture of tenancy - However it only confers right on landlord to seek possession - Landlord filing suit within 12 years..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5(1), 2(2A), 7 -- Eviction - Unauthorized occupant - Respondent was a lessee under appellant for a term of 21 years - Period of lease expired by efflux of time - Before expiry of lease period, there was discussion on question of renewal of lease - Terms proposed by appellant for renewal of lease not..........
