Hindu Succession Act, 1956, Section 19(b) -- Joint tenancy - If two or more heirs succeeded together to the property of an intestate, they shall take property as tenants-in-common and not as joint tenants - However, where some of heirs of original tenant after death of original tenant had exercised their right of tenancy to exclusion of others relationship between such..........
Adverse possession -- Plea of adverse possession by tenant - Withdrawal of plea of adverse possession by tenant - Held, tenant having asserted his adverse possession, qua, the `premises in suit', his ostensible tenancy rights in the `premises in suit' disappeared into thin air and provisions of Rent Act ceased to apply to the suit property - Remedy of landlord lay before..........
Rent and Eviction -- Plea of adverse possession by tenant - Withdrawal of plea of adverse possession by tenant - Held, tenant having asserted his adverse possession, his ostensible tenancy rights in the `premises in suit' disappeared into thin air and provisions of Rent Act ceased to apply to the suit property - Remedy of landlord lay before Civil Court...........
Delhi Rent Control Act, 1958, Section 14(1)(e), Civil Procedure Code, 1908, Section 92 -- Eviction petition - Bonafide necessity - To maintain a petition u/s 14(1)(e) of the Act landlord does not have to show absolute ownership but is required to show a better title than tenant - Further a tenant who admits his tenancy and even admits relationship of landlord-tenant cannot..........
H.P.Tenancy and Land Reforms Act, 1974, Section 104(8), (9) -- Non-occupancy tenants - Propriety rights - Property admittedly belongs to idol, who is perpetual minor, therefore, no proprietary rights qua suit property can be conferred on any person in terms of S.104(8), (9) of the Act...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111, 107 -- Tenant in secured asset - Protection - Objectives of SARFAESI Act coupled with Transfer of Property Act and Rent Act are reconciled in following manner:- a) If a valid tenancy under law is in..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 65A, 111 -- Tenant in secured asset - Protection - Tenant in sufferance - As per tenant he was inducted in secured asset on oral agreement and said tenancy impliedly does not carry any covenant for renewal -..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4) -- Sub-tenancy - Act does not recognize rights of objectionable sub-tenant...........
Constitution of India, 1950, Article 240 - - Extinguishment of tenancy rights - As per plaintiff, defendant/elder brother after purchase of suit property agreed to transfer it in his favour and he is in possession of suit property since its purchase - It is not the case of plaintiff that he came into possession of suit property by dispossessing original owner/defendant -..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - As per plaintiff, defendant was his friend and with view to help him, on his request, suit premises given to defendant by way of permissive user - However, defendant pleads creation of tenancy rights in his favour - Neither defendant able to produce evidence on record that he was staying in suit..........
