Adverse possession -- Plea of adverse possession by tenant - When plea of adverse possession is raised by a tenant, assuming the title in himself against the real owner and once a notice to determine lease, per S.111(g) of Transfer of Property Act is given, tenant cannot allege ouster of jurisdiction of civil Court...........
Government Grants Act, 1895, Section 2, 3, Delhi Rent Control Act, 1958, Section 2 -- Rent and eviction - Perpetual lease deed with Union of India - Non payment of rent by Union of India - Applicability of provisions of Rent Act - Nothing in terms of perpetual lease deed to suggest that grantee would not be entitled to avail of its ordinary remedies as a landlord in the..........
Government Grants Act, 1895, Section 2, 3, Delhi Rent Control Act, 1958, Section 2 -- Rent and eviction - Perpetual lease deed with Union of India - Non payment of rent by Union of India - Proceedings under Rent Act - Competent - As S.3 of Government Grants Act restricts its applicability only to Transfer of Property Act...........
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)...........
Rent and Eviction -- Sub-letting - Tenant himself admitted before Rent Controller that because of old age he was not in a position to manage affairs of shop and that is why he handed over shop to sub-tenant through GPA - Sub-tenant and tenant were running business as partners as alleged by tenant - However, there is no genuine partnership between tenant and sub-tenant -..........
Rent and Eviction -- Maintainability of petition - Execution of rent deed and rent paid in pursuance thereto - Not open for respondents to deny status of appellant as a landlady - Eviction petition at the instance of appellant, held, maintainable. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.2(6)...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 14(8), 11, 18 -- Eviction petition - Validity - Bonafide requirement for own occupation clearly established by landlord through evidence - Eviction, proper...........
Orissa Survey and Settlement Act, 1959, Section 15(c) -- Revision - Cancellation of lease deed on ground of suit land recorded as Government Anabadi Khata - Nothing on record to establish semblance of valid lease in favour of lessee/petitioner - There is also no material forthcoming to prima facie even establish change of use of land making available for lease - Matter is..........
