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...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 8(5) -- Suit for eviction - Wilful default in payment of rent - Tenants neglected in paying rent in time and continued to deposit rent irregularly during pendency of the proceedings and hence their conduct was held to be wilful - Suit rightly decreed...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 8(5) -- Suit for eviction - Wilful default in payment of rent - Subsequent payment - Not an excuse - Tenant cannot be relieved from consequences of wilful default prior to filing of eviction merely because he paid arrears subsequently...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i), 10(2)(ii) -- Eviction petition - In said petition, partition deed was filed - Perusal of order passed by Rent Controller would go to show that R.C.O.P itself has been filed for eviction and in said petition partition deed was marked - Since rights of party has been given effect to in said document..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i), 10(3)(e)(i), 19, Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971, Section 29 -- Eviction proceedings - Tenancy - Review application - Reviewing common order in which revision petition was dismissed - Though there was no bar for initiating proceedings before rent controller under..........
Rent and Eviction -- Sub letting - When eviction is sought on ground of sub letting, onus to prove sub letting is on landlord. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.10(2)(ii)(a)...........
Rent and Eviction -- Sub-letting - Means transfer of an exclusive right to enjoy property in favour of third party - To constitute sub letting, there must be parting of legal possession, i.e., possession with the right to include and also right to exclude others. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.10(2)(ii)(a)...........
Rent and Eviction -- Sub letting, assigning or otherwise parting with the possession of the whole or any part of the tenancy premises, without obtaining consent in writing of the landlord, is not permitted and if done, the same provides a ground for eviction of the tenant by the landlord. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.10(2)(ii)(a)...........
