Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Eviction suit - Suit property is a picture hall/building - Tenant was taken said building on lease along with certain dilapidated machineries and fixtures which he got repaired and updated for starting cinema afresh - It cannot be said that primary object was to lease out business alone - Suit held,..........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Notice for eviction - Notice was given to tenant on 7.6.68 and thereafter possession was taken by landlord on 16.7.68 - Contention that as per principle of waiver, notice stood waived and since no fresh notice was given, suit was not maintainable - However, it is admitted between parties that tenant approached..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Property of mother - Eviction of son and daughter-in-law - House in dispute was owned by father and after his death, mother is owner - No evidence adduced by son that after death of father house in question came to his share - Even there is no evidence on record that said house is divided..........
Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Production of documents - Eviction petition on ground of bona fide necessity, for business of son - Tenant sought summoning of income tax returns and bank account of son of landlord - Such documents not necessary to decide dispute between parties - Dismissal of application calls for no interference...........
Rent and Eviction -- Title of landlord - When issue of title over tenanted premises is raised in an eviction suit under Rent Laws, landlord is not expected to prove his title like what he is required to prove in a title suit...........
Rent and Eviction -- Derivative title of an assignee - Tenant is estopped from challenging title of his landlord, yet tenant is entitled to challenge derivative title of an assignee of original landlord of demised property in an action brought by assignee against tenant for his eviction under Rent Laws - However, this right of a tenant is subject to one caveat that tenant..........
Rent and Eviction -- Attornment - It does not create any new tenancy but once factum of attornment is proved then by virtue of such attornment, old tenancy continues...........
Rent and Eviction -- Attornment - Proof - Attornment can be proved by several circumstances including taking into consideration the conduct of tenant qua landlord...........
Rent and Eviction -- Attornment - Proof - Attornment stands proved viz. (a) no reply to quit notice which amounts to waiver to challenge invalidity or infirmity of quit notice including ownership issue raised therein; (b) Letters sent expressing willingness to attorn and continue the tenancy and also offering to pay rent; (c) Filing suit for mandatory injunction to accept..........
Rent and Eviction -- Eviction petition - Death of tenant - Necessary parties - On death of tenant legal heirs inherit tenancy as joint tenants - Occupation of one of the tenant is occupation of all the joint tenants - It is not necessary for landlord to implead all legal heirs of the deceased tenant, whether they are occupying the property or not - It is sufficient for..........
