Punjab Security of Land Tenure Act, 1953, Section 9, Punjab Tenancy Act, 1887, Section 4(5), Transfer of Property Act, 1882, Section 116 -- Eviction - Tenant holding over - Both the Acts of 1953 and 1887, do not include a tenant whose lease has expired - Nevertheless, retention/continuance of possession after expiry of duration of lease with the consent of landlord will..........
Rent and eviction -- Termination of tenancy - In spite of tenancy coming to an end under the provisions of Transfer of Property Act or by terms of the contract, tenant does not cease to be a tenant and continues to be a tenant and liable to pay rent until and unless a decree for eviction is passed against him by a competent civil court or forum...........
West Bengal Premises Tenancy act, 1956, Section 17(2), 17(3), Constitution of India, 1950, Article 227 -- Rent and eviction - Recovery of possession - While disposing application u/s 17(2) of the Act, Court shall be careful to find out whether relationship of landlord and tenant exists between parties or not - However, in the instant case, trial Court ignored this main..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Lease deed for nine years on monthly basis - Unregistered and insufficiently stamped lease deed - Though lease deed is invalid due to want of registration and stamp duty, however, it did not wipe out the relationship between parties - Estate of superior lessors was undivided and was further sub-leased to..........
Transfer of Property Act, 1882, Section 106 -- Notice for eviction - Oral tenancy - Plaintiff is co-owner of property and as such landlord of property - Suit property is let out to defendant on payment of monthly rent - Defendant failed to make payment of rent or any amount for use and occupation - Possession was not delivered to plaintiff despite issuance of notice u/s..........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 14 -- Eviction - Non-payment of rent - Payment of rent to Rent Controller instead of Landlord is not a valid payment, as neither any intimation was sent to landlord nor any request was made for withdrawal of same - It is only after expiry of statutory period of 30 days, when landlord filed an application for..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Termination of tenancy - Requirement of notice - No formal notice is necessary u/s 106 of TPA for filing a suit for eviction under general law - Filing of suit itself amounts to a notice...........
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..........
West Bengal Premises Tenancy Act, 1997, Section 7 -- Rent and eviction - Arrears of rent - Delay in deposit of rent - Non-compliance of direction issued by Court - A right accrues to the opposite party to get defence of defendant struck out against delivery of possession by operation of law...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Eviction suit - Admission of landlord and tenant relationship - Plea of agreement to sell the tenanted premises - Agreement to sell not registered - Protection u/s 53-A TPA not available - Relationship between parties is that of landlord and tenant - Defendant does not have a valid grievance with the..........
