Indian Penal Code, 1860, Section 420, 406, 465, 467, 468, 471, 474, 166, 167, 193, 196, 199, 201, 203, 255, 260, 261, 262, 120B -- Cheating - Allegation that appellant in connivance with A-1/power of attorney holder filed tenancy case by showing power of attorney as genuine and impersonated one dead person as landlord - However, signatures on tenancy case and below the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred u/s 207 of Rajasthan Tenancy Act - Suit for declaration that sale in question is null and void - Agricultural property - Plaintiff company claims not to be a party to sale transaction, therefore, for setting aside sale deed, third party to sale-deed i.e. plaintiff must have title to property which..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Land in question, as of date, is a municipal land used for residential purposes - Land not being agricultural land as defined u/s 5(24) of Rajasthan Tenancy Act, suit would definitely lay before civil Court only - Application rightly rejected...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Area on which the suit shop room situates is under the panchayat area - Although defendant claims that suit premises is governed by provision of West Bengal Premises Tenancy Act by extended notification issued by State Government but no such notification was filed before the Court - However, plaintiff filed..........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Notice of eviction was duly received by defendant and suit was filed by plaintiff after lapse of 15 days from the date when notice of eviction was received by defendant - Landlord is entitled to eject tenant after giving him notice to quit unless tenant proves that he has a right to remain on the land..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice would not be rendered invalid merely because period mentioned therein was short as prescribed u/s 106(1) of the Act, in the event suit proceedings have been initiated after expiry of the period mentioned in the provision...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Once the tenancy stood terminated by issuance of notice as landlord inclined himself to terminate it, question of default should not have be gone into...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of lease - Lease agreement executed between parties in respect of portion of tenanted premises which categorically stated that lease was a month to month lease - Subsequently, further portion of property was given on lease under oral agreement - Neither there is any pleading nor any evidence that terms of..........
Joint tenancy -- Landlord is not supposed to implead all the tenants, and impleadment of one of tenants is sufficient and the decree passed against one joint tenant is binding upon all the joint tenants...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioner is the son of original tenant of suit property - However, petitioner failed to establish that he was normally residing with his father at the time of his death to entitle him to seek impleadment on the ground that he has acquired tenancy rights by inheritance - Application..........
