Karnataka Rent Act, 1999, Section 43, 3(e) -- Eviction - Dispute of relationship of landlord and tenant - Whenever a dispute arises as to jural relationship between parties, Court has to examine lease agreement or in its absence, receipts acknowledging payment of rent signed by landlord as prima-facie proof of such relationship and proceed with hearing of case - In case..........
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..........
Transfer of Property Act, 1882, Section 107 -- Lease deed - Unregistered - Lease for a term exceeding one year can be made only by a registered instrument - Agreement in question being unregistered lease deed cannot be looked into as per S.107 of the Act and cannot be said that perpetual lease was created by that document. ( Para 6)..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of lease - Lease agreement executed between parties in respect of portion of tenanted premises which categorically stated that lease was a month to month lease - Subsequently, further portion of property was given on lease under oral agreement - Neither there is any pleading nor any evidence that terms of..........
Bihar and Orissa Government Estate Manual, 1919, Rule 15, 28(5) -- Resumption of land - State did not bring any material on record to show that there was any specific public purpose for which land was required as provided in Bihar and Orissa Government Estate Manual - Resumption case was initiated due to breach of conditions of Manual and conditions of lease agreement and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside subject to condition for deposit of Rs.10 lakhs - Huge amounts were due from defendant to plaintiff - Defendant is continuing in possession of property under license agreement for past four years without paying any amount either as lease amount or license fee - Court had imposed a condition for..........
Agreement to sell -- Lease/sale/conveyance or transfer rights prohibited or barred under the Fragmentation Act - As agreement to sell is not a conveyance, it does not transfer ownership rights or confers any title - Therefore, agreement to sell cannot be said to be barred under Fragmentation Act...........
Rent and eviction -- Sub-letting - Tenant assigned his business in the leased premises in favour of sub-tenant by executing assignment agreement and also received earnest money - Very act of execution of document was sufficient in itself to complete breach of lease condition and statutory mandate and did not require anything further - Breach being complete on his part..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Relief of ejectment/possession - Lease - Expired due to efflux of time - Wife of tenant staying in suit property as a licensee of her husband by virtue of mutual agreement entered between husband and wife - Such agreement has to be subject to the willingness of landlord to continue with the tenancy -..........
Uttar Pradesh Motor Vehicles Taxation Act, 1997, Section 4, 12 -- Payment of tax - Financier of a motor vehicle/transport vehicle in respect of which a hire purchase or lease or hypothecation agreement has been entered, is liable to payment of tax from the date of taking possession of said vehicle under said agreement - However, if after payment of tax, vehicle is not used..........
