Transfer of Property Act, 1882, Section 106 -- Quit notice - Eviction suit - Notice u/s 106 of the Act, seeking termination of tenancy upon expiry of statutory period as per S.111(h) of the Act, duly served upon tenant - Tenancy stood determined upon expiry of statutory period - Tenant liable to be evicted...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Relief of mandatory injunction can be sought only when there is breach of an obligation - Breach of an obligation is personal and not inheritable - It is in existence during life time of licensor who unfortunately died - It is extinguished like tenancy law, license is not inheritable...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Impleadment of LRs of tenant - Landlord is not required to implead all LRs of deceased tenants, as interests of all legal heirs who have inherited tenancy as joint tenants can be duly represented by one legal heir who rather acts as an agent of others - Legal heirs are not tenants..........
Transfer of Property Act, 1882, Section 106, 107 -- Notice for eviction - Lease - Lease in question was for a period exceeding one year - Since it was unregistered, terms and conditions laid down therein were not enforceable nor binding upon parties in view of S.107 of the Act and S.49 of Registration Act - In the absence of any registered lease deed even if tenancy was..........
Suits Valuation Act, 1887 -- A person who has no right to continue in the tenanted premises, as tenancy of tenant stands terminated, a decree for possession has to be passed...........
Transfer of Property Act, 1882, Section 111(h) -- Termination of lease - Default in payment of rent - Tenancy was terminable as per provisions of S.111(h) of the Act which stipulates that lease of immovable property determines on expiration of a notice to determine lease duly given by one party to other - In the instant case, notice given to tenant clearly states that..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 72, 92 -- Return of plaint - Bar of civil Court jurisdiction - Recovery suit filed by society - Filing of suit expressly barred by provision of S.72 of Co-operative Societies Act, as dispute touches Business of a Cooperative Society and has arisen between..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Deletion of name of original proprietor from array of parties - Eviction petition - Proprietorship concern - Proprietorship has no independent existence and tenancy in favour of a proprietorship concern is to be construed as tenancy in favour of its..........
Transfer of Property Act, 1882, Section 106 -- Notice for eviction - Validity - Plaintiff purchased suit property and defendant not denied his tenancy over suit property - Defendant objected only to the extent that co-sharer of suit property was not a party - However, said co-sharer never raised any objection in respect of sale of suit in favour of plaintiff and as such..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Transaction relating to sale deed pertaining to agricultural land - Jurisdiction lies with Revenue Court - Jurisdiction of civil Court is barred u/s 207 of Act of 1955 - Application U.O.7.R.11 allowed - However, exercising power U.O.7.R.10 CPC plaint ordered..........
