Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice was served on tenant terminating tenancy - Suit for eviction filed almost after another two years, thus more than sufficient time had been given to defendant so as to vacate premises - Findings of Courts below on issue relating to validity of notice regarding termination of tenancy..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to incorporate the plea that tenancy is protected u/s 114 of Transfer of Property Act - Said provision is attracted only where a lease of immovable property is determined by forfeiture and not otherwise - Admittedly, this is not the case in hand - Proposed..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Relationship between parties of landlord and tenant not in dispute - Plaintiff had issued the notice demanding vacant possession of tenanted premises and payment of arrears of house rent within 15 days - Defendants has chosen not to contest the suit by leading evidence in counter - Courts..........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Rent and Eviction -- Limitation Act - Generally applicable to proceedings under Tenancy Act - However, if there is lesser time period specified as limitation in the Rent Act then provisions of Limitation Act cannot be used to expand the same. (Limitation Act, 1963 and West Bengal Premises Tenancy Act, 1997, S.40)...........
Rent and Eviction -- Tenancy Acts provide for certain protections to the tenants beyond the contractual rights - Thus, provisions of Rent Act must be strictly adhered to...........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Lease in question was for the purpose of business and/or factory - Property described in schedule to be estimated 16 cottahs of land with a factory shed/godown space - Such description would not be sufficient to establish that same was for manufacturing purpose - Lease in question was given for commercial purpose..........
Revenue record -- Mere entry in the column of possession is not sufficient to confer the status of tenant upon a person and payment of rent is to be established by the person claiming tenancy...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that defendants do not have any easementary right in their agricultural land is maintainable before civil Court - Application U.O.7.R.11 CPC rightly dismissed. (Rajasthan Tenancy Act, 1955, S.207)...........
