Transfer of Property Act, 1882, Section 106 -- Quit notice - 11 days time given to tenant but eviction petition filed after expiry of 15 days - Tenant not raised any objection - Tenant not allowed to raise the objection...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 24 -- Execution - Decree for possession of immovable property - Third party claiming to be in possession as tenant or co-tenant can resist execution of decree of eviction if he was not a party thereto on ground that decree would, if executed, oust him from decretal property - Application by objector seeking transfer of..........
Rent and Eviction -- Tenant dismantled collapsible gate and when protested tenant threatened landlord to kill him - Tenant putting up a concrete elevation of floor - Amounts to doing acts contrary to the provisions of Rent Act - Order of eviction, upheld. (Transfer of Property Act, 1882, S.108, West Bengal Premises Tenancy Act, 1956, S.13(1)(b)...........
Transfer of Property Act, 1882, Section 106, Delhi Rent Control Act, 1958, Section 3(c), 6A, 8, 14(1)(e) -- Suit for eviction - Rent increased - S.3(c) of Act came into operation - Suit for eviction under general law - Held, that no notice to quit was necessary u/s 106 TPA in order to enable the respondent to get a decree of eviction against appellant...........
Transfer of Property Act, 1882, Section 108 -- Rights and liabilities of lessor & lessee - Unauthorised construction carried out by tenant/lessee without permission of landlord/lessor - Suit for mandatory injunction for removal of unauthorized construction - Tenant/lessee had no authority to raise construction/permanent structure without consent of landlord/lessor. Haryana..........
Transfer of Property Act, 1882, Section 111(h), 106, Civil Procedure Code, 1908, Order 1, Rule 9 -- Eviction petition - Death of landlord - One of heirs to whom rent is paid and who receives the same on behalf of estate, is landlord - Suit for eviction filed by such landlord is maintainable without impleading other heirs who have no objection to suit...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Transfer of Property Act, 1882, Section 105 -- Splitting up of tenancy - Property sold to three different persons - Entire property occupied by one tenant - Landlord seeking eviction from the portion owned by him - Held, splitting of tenancy has occurred due to operation of law and interest created in three..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Eviction petition - Earlier suit filed on plea that it is governed by Transfer of Property Act as right of lessee stood determined by efflux of time - Defendant took plea of monthly tenancy and that tenancy law is applicable and not TPA - Plaintiff accepted plea of monthly tenancy and sought to file a..........
Karnataka Rent Control Act, 1961, Section 21(1)(h), Transfer of Property Act, 1882, Section 105 -- Eviction suit - Relationship of landlord and tenant - Under Rent Act, landlord need not be the owner of premises as question whether landlord was owner of property is not relevant in considering question whether there existed relationship of landlord and tenant between the..........
Transfer of Property Act, 1882, Section 106, 116 -- Contractual tenancy - Expiry by efflux of time - Eviction petition filed immediately on expiry of tenancy period - Tenant cannot claim to be holding over...........
