Punjab Security of Land Tenures Act, 1953, Section 14A(i), 14A(iii) -- Recovery of rent and eviction - In case landlord refuses to accept rent from his tenant or refuses to give receipt, tenant may, in writing, inform Assistant Collector, having jurisdiction, of this fact - Assistant Collector on receiving such application shall by written notice, require landlord to..........
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 -..........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - Clause in agreement that landlord is entitled to terminate tenancy in case there is breach of terms of agreement or in case of non payment of rent for three consecutive months and tenant fails to remedy the same within a period of thirty days of the receipt of notice - Held, said clause is clearly..........
Suit for possession and damages -- U, authorized occupation - Plaintiff proved her ownership over suit property and which fact not countered by defendant - Suit property was never let out to defendant and he was u, authorisedly living in the same - Defendant has taken contradictory stand by claiming to have gained ownership by way of adverse possession at one instance and..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Lease deed for nine years on monthly basis - Unregistered and insufficiently stamped lease deed - Though lease deed is invalid due to want of registration and stamp duty, however, it did not wipe out the relationship between parties - Estate of superior lessors was undivided and was further sub-leased to..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Waiver - Tenant continued to remit rent by way of demand draft after quit notice - Landlord received rent without demur and unconditionally over years, during pendency of suit - Held, it amounts to waiver of quit notice even if receipt of said amounts established as damages for use and occupation...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of occupation and possession of suit land in capacity of gair marusi tenant by plaintiff - Suit land was owned by father of plaintiff and his two brothers and subsequently partitioned between co-sharers - Entry showing plaintiff to be the tenant gair marusi was accordingly deleted - Jamabandies for the earlier..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Petitioner alleges to be in possession of suit property as a tenant and was forcibly dispossessed by Respondent Nos.1 & 2 - However, there is neither any rent note in favour of petitioner nor any receipt showing payment of rent by him to his alleged landlord - Plaintiff failed to prove that he was in possession and..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Property acquired by predecessors of plaintiff and their names were recorded in Municipal Survey Khatiyan - Subsequent relinquishment by two co-sharer in favour of predecessor of plaintiff and rent receipt paid by plaintiff's ancestor to municipality in year 1934 and oral evidence clearly prove case..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Nature of tenancy - Evidence of - Held, tenancy can be written as well as oral - For ascertaining nature of tenancy, dimensions of rented premises and other terms of tenancy, primary evidence is rent deed or instrument of tenancy - In present case, besides rent deeds, appellants have also not produced any rent..........
