Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - It is not for tenant to dictate choice of landlord in deciding proposed business...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - Burden of proof - Entire burden of proof is on tenant to substantiate that RCP is hit by first proviso to S.11(3) of the Act and that tenant is entitled to benefit of second proviso to S.11(3) of the Act...........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Once lease deed came to an end due to lapse of tenancy, tenant cannot take benefit of terms of agreement and ask landlord to issue three months prior notice as per terms of lease deed...........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Suit for injunction filed by tenant - Tenant had continued in suit property for more than six years after determination of lease due to efflux of time by creating story about illegal threat of eviction by landlord - He instead of vacating premises filed suit for injunction..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv), Evidence Act, 1872, Section 114 -- Eviction petition - Refusal to adduce evidence - Adverse inference - Cardinal flaw in defence set up by tenant is that he refused to mount the box and give any evidence to corroborate with defence set up in written objection - It was rudimentary for tenant to..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Proviso - Eviction petition - Bonafide need - It is not disputed that tenanted premises is situated in ground floor and new vacant room is on first floor of building - Even, if landlord has got another vacant room in his possession on first floor same is of no consequences at all and that will not cause..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Proviso - Eviction petition - Bonafide need - Availability of bed rooms, hall and kitchen has no fundamental impact on bonafide need or finding under first proviso to S.11(3) of the Act...........
Registration Act, 1908, Section 17(1)(d) -- Un-registered lease deed - Cannot be relied upon and accepted as evidence of valid transfer of possessory rights, as it does not satisfy statutory requirements of S.17(1)(d) of the Act...........
Lease -- Taking on lease black listed rice mills - Allocation of paddy for custom milling cannot be claimed by it unless liability arising out of previous bilateral agreement is satisfied...........
Will -- Intention of testator - Testator executed Will in favour of his wife characterized by words such as `my wife shall be sole legal and rightful heir over my immovable and movable property and she will have every right and authority to sell, mortgage and lease' - Assertive language used in favour of his wife by testator is clear indication of creation of an absolute..........
