Rent and Eviction -- Sub letting, assigning or otherwise parting with the possession of the whole or any part of the tenancy premises, without obtaining consent in writing of the landlord, is not permitted and if done, the same provides a ground for eviction of the tenant by the landlord. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.10(2)(ii)(a)...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, possession, mesne profits and permanent injunction - Plaintiff was not required to prove their ownership qua suit property, inasmuch as defendant/tenant himself in his written statement categorically admitted them as owners - Thus, an admitted fact was not required to be proved - More so, defendant has no..........
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..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4) -- Sub-tenancy - Act does not recognize rights of objectionable sub-tenant...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3) -- Rent and eviction - Non-payment of rent - Partial surrender of premises - Split up tenancy arrangement sought for by bank and partial surrender of first floor and second floor of tenanted premises was per se illegal and wrong therefore, bank is liable to pay rent taking monthly rent of tenanted..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Eviction decree - Objection by sub-tenant - Sub-tenant though established his exclusive possession, but failed to establish payment of rent to original tenant - Payment of rent is essential element of lease or sub-lease - In the absence of same, no tenancy or sub tenancy can be proved - Objection rejected...........
Wakf Act, 1954, Section 36(f), Wakf Act, 1995, Section 56 -- Restrictions on power to grant lease of wakf property - Eviction - No evidence adduced by respondents to prove that lease in favour of their predecessor in interest was created with previous sanction of Wakf Board, in compliance with relevant provisions of the Act in force at that time - Lease in favour of..........
Transfer of Property Act, 1882, Section 116 -- Termination of tenancy - Mere acceptance of rent after termination of lease and during pendency of suit does not result in waiver of right to evict a tenant...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Premises in question is residential accommodation and thus fifteen days quit notice is essential - Oral and documentary evidence on record to substantiate the same - There is no much dispute with regard to issuance of quit notice and service on defendant - Duration of tenancy is 36 months as per lease deed and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 441 -- Quashing of proceedings - Offence u/s 441 IPC - Tenancy which entered into by virtue of a lease is found not overcome - Case does not come under four corner of S.441 IPC - Proceedings quashed...........
