Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 6A, Transfer of Property Act, 1882, Section 106 -- Eviction - Termination of tenancy - Requirement of notice - No formal notice served upon tenant regarding termination of tenancy - Held, where parties were already in litigation in previous suit on same cause of action which was later dismissed - There is no..........
Delhi Municipal Council Act, 1994, Section 63 -- Rateable value - Basis for fixation - Is annual rent at which land or building might reasonably be expected to be let from year to year, subject to deductions provided under the Act...........
Delhi Municipal Council Act, 1994, Section 63 -- Annual rent - Basis for fixation - Where building is self-occupied and where there is no sub-lease, annual rent will have to be fixed on the basis what landlord might reasonably expect to get from a hypothetical tenant - However, such fixation has to be made only as per NDMC Act...........
Muslim Law -- Validity of gift - Father made a gift of his 1/3rd undivided share in suit property to his minor son - Property is under tenancy - Gift is by registered deed - Requirement of possession is also met when right to collect rent stands transferred to donee under gift deed itself - More so, suit property is commercial property - Gift had no infirmity under Muslim..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of eviction petition - Liberty to file afresh petition - Technical defects - No factual averments made in support of fact that there are some technical defects in pleadings which cannot be cured by any other mends including amendment application - In the absence of the same, application of withdrawal of eviction..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35, Maharashtra Rent Control Act, 2000, Section 15 -- SARFAESI ACT & Rent Control Acts - Once tenancy is created, a tenant can be evicted only after following due process of law, as prescribed under the provisions of Rent Control Act - A tenant cannot be..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35, Maharashtra Rent Control Act, 2000, Section 15 -- SARFAESI ACT & Rent Control Acts - Overriding effect - Provisions of SARFAESI Act cannot be used to override the provisions of Rent Control Acts to allow a Bank to evict a tenant from the tenanted premise, which..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35 -- Overriding effect - Expression `any other law for the time being in force' as appearing in S.35 of SARFAESI Act cannot mean to extend to each and every law enacted by Central and State legislatures - It can only extend to the laws operating in the same field..........
Rent and Eviction -- Concept of ownership in a landlord tenant litigation governed by Rent control laws has to be distinguished from one in a title suit - In rent control legislation, landlord can be said to be owner if he is entitled in his own legal right as distinguished from for and on behalf of someone else to evict the tenant and then to retain control, hold and use..........
Rent and Eviction -- Revision - Revisional power cannot be equated with the power of reconsideration of all questions of facts as a Court of first appeal - A finding of fact recorded by court/authority below, if perverse or has been arrived at without consideration of the material evidence or such finding is based on no evidence or misreading of the evidence or is grossly..........
