Transfer of Property Act, 1882, Section 116 -- Tenant by holding over - Tenant continuing in possession after determination of lease with consent of landlord is a tenant holding over or a tenant at will...........
Rent and Eviction -- Death of landlord pending suit - Plaintiff No.2 came on record as LR based on testament - Even, in the absence of testament plaintiff No.2 being one of LR of deceased plaintiff No.1, can continue the suit against tenant for eviction...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Secured asset - Tenant in secured asset - Respondent claimed he was a tenant in the secured asset from 1987 - However, he was unable to place on record any rent receipt, tax receipt or electricity bill evidencing continued occupation of premises prior to..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Tenant who is concededly in possession of property ought not to be evicted at the interim stage of deciding an application U.O.41.R.5 CPC - Eviction of tenant at the interim stage would naturally render appeal infructuous qua his rights, as in the meanwhile landlord shall be at liberty to..........
Rent and Eviction -- Bonafide requirement - Bona fide requirement for occupation of landlord includes the requirement of family members...........
Rent and Eviction -- Bonafide requirement - Landlord died during pendency of proceedings - In the absence of any denial to facts that son of landlord is crippled and has no other source of income or any other business, his need is clearly established - Moreover, tenants who own several businesses have managed to cling on the premises for last 63 years even after expiry of..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Default in payment of rent - Once lease agreements were admitted by defendant/tenant as was relationship of landlord and tenant, defendant could have deposited rent - However, despite being given sufficient opportunities to defendant, he categorically refused to pay the amount - Defence rightly struck..........
Civil Procedure Code, 1908, Order 20, Rule 12(1)(c) -- Future mesne profits - Eviction decree - Order as to inquiry into future mesne profits from the date of suit till delivery of vacant peaceful possession modified to inquiry into future mesne profits from date of decree of eviction till delivery of vacant possession as relationship of landlord and tenant comes to an end..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques in question issued towards refund of security deposit to the tune of Rs.9,00,000 made by complainant when he had taken flat owned by accused on rent - However, complainant continued to occupy subject flat for a period of nearly 5 years beyond the last date of rent agreement without paying any..........
Rent and Eviction -- Bona fide need - Need of landlord for getting the suit premises vacated for establishing his two sons has to be seen on the date of filing of suit i.e. in 2001 - On the said date, need of landlord stands established - Said need would not get eroded by any earlier decree of eviction of the year 1988...........
