Rent and Eviction -- Non-payment of lease rent - Cultivating tenants themselves admitted that they had given a legal notice showing their readiness and willingness to pay lease rent amount - Therefore, they cannot take a plea that they were handicapped due to COVID-19 Pandemic - Default is of at least three years and time given of two months was not per se inadequate -..........
Rent & Eviction -- Deposit of rent in Court - Permissible only till landlord refuses to accept rent - Once landlord expresses his willingness to accept rent by serving notice, tenant has no option but to deposit rent to landlord. (Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, S.30)..........
Rent and Eviction -- Bona fide requirement - Notice by landlord to increase the rent - Notice has nothing to do with bonafide requirement when landlord is statutorily prohibited from increasing the rent...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30 -- Eviction petition - Issue raised by defendants is improper communication of sale deed - This cannot be accepted for reason that notice has properly been served, defendants have accepted change of landlordship in their written statements and also payment of Rs.32/-p.m u/s 30..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction of daughter-in-laws - One weeks notice of proceedings to the opposite party - Not wrong in the facts of the case as senior citizen was rendered homeless and he has to sleep in the open in a park...........
Transfer of Property Act, 1882, Section 106 -- Notice - Tenancy was a monthly tenancy - Notice therefore u/s 106 of the Act for a period of 15 days was mandatory - Suit for eviction was filed much after expiry of 15 days from date of service of notice - Mandatory requirement of S.106 of the Act is duly complied with - Tenant rightly evicted...........
Rent and Eviction -- Demolition of building - Non-serving of notice u/s 462 of Karnataka Municipal Corporations Act - S.322 of Karnataka Municipal Corporations Act empowers Commissioner for immediate evacuation of property and any person disobeying such orders was to be removed by any Police Officer - Time for complying with the order does not arise in the case of a..........
Rent and Eviction -- Demolition of building - Without giving three days prior notice - Notice was served upon tenant on 6.1.1995 and building was demolished on 9.1.1995 - Clear three days notice thus, not served upon tenant - More so, it is not a case where there was any sudden development leading to demolition of building but order of demolition was a considerate action..........
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..........
Rent and Eviction -- Rent deed - Registration - Rent payable monthly - There is presumption that tenancy is monthly tenancy - From cumulative reading of rent note the intention of tenant is more than clear that tenancy was only monthly tenancy, which could have been terminated on default of payment of rent by 5th day of any month or by notice of one month - Rent deed did..........
