Transfer of Property Act, 1882, Section 114 -- Forfeiture/termination of tenancy - Non-payment of rent - Where lease is determined by forfeiture and lessor sues to eject lessee and, if, at the hearing of suit, lessee pays or tenders to lessor the rent in arrears, S.114 of the Act provides that Court instead of passing a decree for ejectment may pass an order relieving..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute relating to lease/tenancy - Petitioner being an individual who is a national of Kenya and is habitually a resident of that country, having entered into a contract and since disputes have arisen under said document, same qualifies as an `International Commercial Arbitration' as..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Amount claimed by defendant towards arrears of salary due on account of employment with employer/plaintiff - Cannot be adjusted towards lease rent, as same are independent of liability to pay lease rent - Said claim cannot be mixed or read as counter claim for purposes of O.15.R.5 CPC...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 8(5), 25 -- Suit for eviction - Grant of eviction decree - Challenge as to - There is wilful default in payment of rent by tenant - Landlord/owner clearly established need of premises for his own use and occupation as he had some physical ailment - Landlord clearly making out grounds for eviction - Therefore,..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Eviction petition - Non-payment of rent - Once it is admitted that landlady has not issued any receipt and admittedly for past 25 years tenant has been continuously in possession of said premises, in absence of account maintained by landlady and also in absence of issuing receipt, landlady has to..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Eviction petition - Non-payment of rent - Wilful default - Notice before filing a petition for eviction on ground of willful default is not mandatory - Landlord can file a petition for eviction u/s 10(2)(1) of the Act directly without giving notice - However, when landlord issues a notice under..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(1) -- Eviction petition - Brother claiming rent on basis of money spent by him for construction over demised premises - Failure of brother to produce any agreement showing that he was authorized to collect rent on his own - Tenant paying rent to sister of petitioner - In absence any wilful default on..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of fair rent - Rent Controller considered evidence and document with reference to same locality of petition mentioned property and found that tenant herein have not disputed that market value and they have not produced any contra evidence or document that at relevant point of..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of rent - Revision - While deciding revision, revision Court cannot sit in armchair of appellate Court and revisit entire evidence - If any perversity in appreciation of evidence, revision Court can interfere with and perversity can be rectified...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of rent - Non examining of witness or party to document will not vitiate case of landlords and Rent Controller can consider records and other evidence...........
