Rent and Eviction -- Rent deed - Registration - Rent payable monthly - There is presumption that tenancy is monthly tenancy - From cumulative reading of rent note the intention of tenant is more than clear that tenancy was only monthly tenancy, which could have been terminated on default of payment of rent by 5th day of any month or by notice of one month - Rent deed did..........
Rent and eviction -- Factum of tenancy carries with it an element of possession...........
Bombay Tenancy and Agricultural Lands Act, 1948, Section 43, 63, 14, 27, 32P, Transfer of Property Act, 1882, Section 105, Succession Act, 1925, Section 59 -- Agricultural holdings - Term `assignment' in S.43 of Act of 1948 includes testamentary disposition...........
Bombay Tenancy and Agricultural Lands Act, 1948, Section 43, Succession Act, 1925, Section 59, Transfer of Property Act, 1882, Section 105 -- Agricultural holdings - Testamentary disposition to non agriculturist - S.43 including testamentary disposition of agricultural holdings is not invalid for incidental encroachment upon provisions of Central Act i.e. Succession Act...........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger of tenancy - Two conditions are mandatory to attract S.111(d) of the Act, viz : (i) it is only tenant who should acquire property of landlord; and (ii) tenant should purchase assignment of rights of landlord in property in its entirety...........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger of tenancy - Tenancy - Petitioner admits that she is not tenant of disputed premises and has purchased 1/3rd share of one of co-owners of property and not entire ownership interest in disputed premises - Twin conditions of applicability of doctrine of merger of tenancy are lacking - Doctrine of merger is..........
West Bengal Premises Tenancy act, 1956, Section 2(g) -- Suit for eviction - Non-impleadment of one of the heirs of deceased tenants - Maintainability of suit - Legal heir, eldest daughter of deceased tenant, post marriage started living in her matrimonial home and so, not living with deceased nor was dependent upon him - Therefore, suit for eviction maintainable...........
West Bengal Premises Tenancy act, 1956, Section 13(1) -- Suit for eviction - Bonafide requirement - Landlord, living in rented premises as tenant cannot be considered to have sufficient accommodation - Failure of tenants in establishing that landlord have other accommodation as well - Eviction upheld...........
Contracts -- Some contracts which are not classic tenancy or lease agreement where premises is occupied and a monthly pre-determined amount paid purely as `Rent' or `Lease amount' manner in which pandemics such as COVID-19 can play out would depend upon nature of contract - In contracts where there is a profit-sharing arrangements or an arrangement for monthly payment on..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32, 56, Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Suspension of payment of rent - Due to COVID-19 lockdown - There is no rent agreement or lease deed between parties and hence S.32 of Contract Act has no applicability - Even, case is governed by provisions of Delhi Rent..........
