Civil Procedure Code, 1908, Section 11, Order 39, Rule 7, West Bengal Premises Tenancy Act, 1997, Section 7(3) -- Dismissal of application for local inspection - Second application - Res-judicata - Virtually on identical points first prayer of local inspection is rejected, hence, principle of res judicata will apply on second application - Moreover, Court has no hesitation..........
Transfer of Property Act, 1882, Section 106 -- Notice - Joint tenants - Single tenancy devolves on heirs of original tenant - There is no division of premises or of rent payable - Notice terminating tenancy u/s 106 of the Act, served on one of heirs of original tenant is capable of terminating tenancy inherited by joint tenants...........
Tenancy agreement between employer and employee -- Appellant allotted quarters to their workers for their use and occupation, who were in employment - Contractual relationship between appellant and allottee-worker in relation to quarter for deciding their inter se rights had come into existence - It can be construed as tenancy agreement between parties - Appellant..........
Tenancy agreement between employer and employee -- Allotment of quarter to employee - Eviction suit - Quarter in question was allotted to employee by virtue of he being in appellant's employment - Employee was therefore under contractual obligation to vacate the quarter on his retirement - He did not do so and instead sought extension to vacate after 6 months, which was..........
Rent and eviction -- Default in payment of rent - Evidence on record shows that tenancy was monthly tenancy and there was default in payment of rent for more than 6 months - Notice was sent to tenant for arrears of rent - Tenant neither sent reply to said notice nor disputed the standard rent - Tenant deposited the rent after lapse of one month after receipt of notice -..........
Rent and eviction -- Death of original tenant - Nothing on record that Defendant/heirs of tenant were doing business with his father at any point of time - Defendants were carrying on their business separately - Defendants/heirs held, not entitled to continue tenancy after death of original tenant. (Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, S.5(11)(c)...........
West Bengal Premises Tenancy act, 1956, Section 13(1)(a) -- Eviction suit - Sub-letting - Admittedly, it is proved that defendant being sole tenant in suit premises transferred/assigned his possession in favour of his brothers who are now in exclusive possession of suit premises - Hence, plaintiff established case u/s 13(1)(a) of the Act - Suit rightly decreed by Trail..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Joint tenancy - Unilateral surrender of tenancy rights by one of the joint tenancy holder - Effect on joint tenancy - Substantial question of law raised in memo of appeal - Not examined by High Court - Matter remitted back to High Court for decision afresh - It will be open to High Court to reformulate the..........
Civil Procedure Code, 1908, Order 23, Rule 1, Himachal Pradesh Tenancy and Land Reforms Act, 1972 -- Withdrawal of suit as plaintiff desired to proceed under the Act of 1973 - Bar U.O.23.R.1 applies only to a fresh suit and not to proceedings under the Act of 1973 - Proceedings in a suit are essentially different from the proceedings under the Act of 1973 - Withdrawal of..........
Rent and eviction -- Arrears of rent - Whenever arrears of rent is allowed to be paid in instalments, beneficiary shall be granted interest - This is irrespective of the justification or explanation, if any, available for the non payment. (West Bengal Premises Tenancy Act, 1956, S.17(2-A)..........
