Transfer of Property Act, 1882, Section 105 -- Lease or licence - To find out the true import of a document pith and substance of document are required to be considered - Embargo put against subletting in document - Due to this clause it cannot be held that it is an agreement for lease, although, normally, in a case of licence, question of sub-letting does not arise...........
Rent and Eviction -- Subletting - Conversion of a firm to a society registered under the Societies Act is a different entity - Firm and society are different -Amounts to sub-letting - Inspire of knowledge landlord accepting rent - Does not amount to required written consent - Eviction order passed. (Himachal Pradesh Urban Rent Control Act, 1971, S.14)..........
Rent and Eviction -- Sub-letting - Parting with possession in favour of sub-tenant must be proved. (East Punjab Urban Rent Restriction Act, 1949, S.13(2)(ii)(a)...........
Rent and Eviction -- Sub-letting - Landlord's evidence did not establish subtenancy - No finding when sub-tenancy was created - Concurrent finding of subletting set aside...........
Rent and Eviction -- Sub-tenancy - Partnership - Father & son - Mere fact that for running the business the father entered into partnership with his sons is not enough to raise an inference of sub-letting - There cannot be sub-letting unless the tenant has parted with legal possession. (Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13)..........
Rent and Eviction -- Structural changes - Suit cannot be decreed unless it is found that structural changes were made without the consent of the landlord and it resulted in diminishing value of building. (U.P.Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, S.20(2)(c)...........
Specific Relief Act, 1963, Section 37, 38 -- Restraining defendant not to interfere in possession of the shop and the roof thereof - Roof whether part of tenancy -Rent note no where makes a mention of the stair case or letting out of the roof - Stair case meant for all the 8/9 shops owned by the landlord - Stair-case opens in a room which is in possession of the landlord -..........
Rent and Eviction -- Sub-letting - Mere acceptance of rent with knowledge or without knowledge or even acquiescence would not imply waiver of the condition of a written consent for sub- letting. (Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13)..........
Transfer of Property Act, 1882, Section 106 -- Notice - Mere fact that additional amount towards water tax and house tax was claimed as part of rent which could not ultimately be proved, does not make notice invalid (U.P.Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, S.20(2)(a)...........
U P Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20(4) -- Benefit of the provision - Can be claimed by a tenant only when he unconditionally pays or tenders to the landlord or deposits in Court the entire amount of rent and damages for the use and occupation of the building...........
