West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Rent and eviction - Arrears of rent - Application for condonation of delay u/s 5 of Limitation Act for delay in depositing rent - When there is default during pendency of suit for making deposit or payment in respect of current rent, it may be protected u/s 7 of the Act - Therefore,..........
West Bengal Premises Tenancy Act, 1997, Section 7(2), 17(2) -- Rent and eviction - Arrears of rent - Default in payment of rent - As per S.17(2) of the Act, when tenant raises any dispute with regard to amount of arrears of rent claimed by landlord, he has to file application for adjudication of arrears of rent payable by him to landlord and in case tenant admits any..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Payment of user charges from date of eviction order during pendency of revision petition - As per evidence on record, there is no other comparative lease shown by tenant - Direction for payment of user charges @ Rs.80,000/-p.m. alongwith arrears held, just and proper...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Partition suit - Prima facie an opinion has been formed by Courts below about property being joint in absence of any tangible evidence at that stage to the contrary and based thereon an order allowing application for appointment of receiver - Orders have been passed to protect the property and..........
Rent and eviction -- Claim of mesne profits/use and occupation charges etc. - Surrender of vacant possession - Dispute as to mesne profits/use and occupation charges etc. is to be settled by an appropriate forum and not by Supreme Court - Parties relegated to appropriate forum to pursue their grievances...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 3(2), Bihar Value Added Tax Act, 2005, Section 7, 14, 24 -- Use of Sale therein Act, 1993, S.3(2) - Charge of Tax - Conditions need to be satisfied for claim of set-off are: (i) tax leviable by way of entry tax can only be paid by every dealer liable to pay tax under VAT Act; (ii) Set-off can only be..........
Specific Relief Act, 1963, Section 37, 38, Transfer of Property Act, 1882, Section 106 -- Suit for permanent injunction - Lease - Restraining defendants from interfering in peaceful possession - Lease terminated by serving notice u/s 106 TPA - Plaintiff not pleaded any protection under rent laws - Since the year 2005 plaintiff has not paid even a penny - Held, in these..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - No fresh tenancy came into existence merely because plaintiff continued to accept admitted rent, after termination of tenancy, till filing of suit - Rather, plaintiff is entitled to mesne profit/damage/charges for use and occupation of suit premises from defendant till the suit premises is vacated...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - In calculating mesne profits/damages which are payable some amount of honest guess work is always required because evidence led by parties even if accepted will only show rate of rent for similar type of premises...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 7, 9, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 23A -- Eviction petition - Maintainability - Land whose management and control vests in Gram Panchayat falls within the ambit of `public premises and land' u/s 9 of 1973 Act and if land is found..........
