East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Plea of concealment of material fact - It is apparent that landlord did not conceal anything as site plan shows that ownership over adjacent shop towards western side of demised shop - Landlord admission in cross-examination that he is having a vacant shop in his..........
Agreement to sell -- Does not confer any right, title or interest in property...........
Agreement to sell -- Further agreement to sell by vendee in favour of subsequent vendee - Assignment of rights - Contingent contract - Further agreements are clearly contingent contracts inasmuch as they could only be enforced had vendee obtained right to get sale deed executed and taken possession of suit property as per terms of first agreement - More so, subsequent..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought after delay of about 5 years and that too when matter is at the stage of defendants evidence - Application for amendment though filed belatedly, simply explains stand taken by petitioner in his written statement - Paragraphs sought to be incorporated explain..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Non-payment of rent - Plea of tenant is that landlord is not proved to be owner as sale deed on basis of which landlord claims title, does not pertain to demised premises - However, there is no denial by tenant of fact that a rent note was executed between him and original owners of demised..........
Suit for recovery -- Mesne profit - Commercial projects - Admittedly, if lease was not extended respondent was then to be considered as unauthorized occupant of premises situated in a commercial area - Hence, user charges/mesne profits with 15% increase of last paid rent were most reasonable - Moreover, respondent nowhere has alleged in its written statement that it had..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Great grandfather of plaintiff died in 1965 and property devolved upon his two sons - They succeeded to ancestral property equally - Suit property partitioned in 1967, as a result property came to exclusive share of grandfather of plaintiff in his individual capacity - Father of plaintiff..........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 6(19) - - Specific endowment - Property in question was endowed specifically for performance of a religious charity in temple by way of deed of settlement - There was a restraint on creation of an encumbrance either on choultry or on land - Choultry was to be utilized at all times for use of general..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Relinquishment deed in favour of plaintiffs - Two co-sharers have abandoned their right, title and interest relating to suit property in favour of plaintiffs by executing a relinquishment deed - No dispute raised by executors of relinquishment deed - In absence of any dispute raised by executors of..........
Will -- Mutation - Property is being bequeathed to deity and petitioners would remain Managers - Ownership of deity having been established by language of Will itself, there is no question of this Court going into surrounding circumstances and determining anything else than what testator himself determined while bequeathing property to deity - Mutation rightly made in the..........
