Transfer of Property Act, 1882, Section 105 -- Lease - Property belonging to deity - Mohatmim/mahant of property can execute lease only for the benefit of estate or for legal necessity - Execution of lease without such conditions is illegal, null and void and creates no right, title and interest in favour of plaintiff - Lease deed rightly cancelled by Temple...........
Civil Procedure Code, 1908, Section 96 -- First appellate Court - Suit for declaration and permanent injunction - Merely because trial Court not framed any specific issue qua possession, if any of plaintiff pursuant to lease deed, but since question with regard to validity of lease deed was before first appellate Court, there was no bar for it to make findings/observations..........
Registration Act, 1908, Section 49 -- U, registered lease deed - Can be looked into for collateral purpose of proving possession and nature of possession, though cannot be used for purpose of proving the terms of lease...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii) -- Rent and eviction - Bonafide requirement - Required ground floor of building let out to tenant for business - Admittedly, landlord doing business of manufacturing and trading in rental premises - However, first floor of the premises is with landlord which is used by landlord for keeping his..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii) -- Rent and eviction - Non-disclosure of correct name of partnership firm and its partners - Does not amount to misdescription of name - When person with whom landlord entered into agreement is party to proceedings and one another partner has come before Court to depose as witness, the..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(1) -- Rent and eviction - Denial of title of landlord or claim of permanent tenancy by tenant should be answered at first, before proceeding with application u/s 12 of the Act, otherwise, it will defeat valuable right of tenant to defend petition u/s 11(1) second proviso - Therefore, Courts are bound to..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12 -- Rent and eviction - Failure to pay admitted arrears of rent - Court directed tenant to put landlord in possession of tenanted premises - No opportunity of hearing provided to tenant - Order passed set aside as there should be opportunity to tenant why he could not remit rent as ordered within time..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 49, Evidence Act, 1872, Section 61 -- Lease for more than one year - Evidentiary value of non registration of document - Once an instrument is compulsorily required to be registered under the provisions of TPA, 1882 and it is not so registered, it cannot be received as evidence of any transaction..........
Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 61 -- Determination of lease - Payment of rent - In the absence of substantive evidence such as account books, payment of rent cannot be accepted on basis of oral evidence...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Rent and eviction - Fixation of fair rent - Sale of suit property during pendency - As per material available on record, tenant admitted that earlier landlord has assigned all rights, title, interest and legal rights to present landlord - Therefore,..........
