West Bengal Premises Tenancy Act, 1997, Section 17 - - Eviction suit - Order for payment of arrears of rent - Revision - Revisional Court had upset such well reasoned finding of trial Court on a perverse reasoning that the onus was on landlord to show that rent receipts were issued to tenant upon payment of rent - Held, onus is on tenant to produce the rent receipts to..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Notice terminating the tenancy should be in regard to the property leased out and not in respect of a portion of the lease...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Notice not to be read in a hyper-critical manner nor must its interpretation being crippled by pedagogic pendantism or over refined subtletly - It should not be interpreted in a manner so as to find fault with it, but only in a fashion so as to ascertain whether the individual receiving the notice understood the..........
Transfer of Property Act, 1882, Section 111 -- of the Transfer of Property Act, the right of the tenant to continue in possession of the premises comes to an end, and for any period, he continues to occupy the premises, he is liable to pay damages for use and occupation - Where tenancy is regulated by the provisions of the Transfer of Property Act, once the tenancy comes..........
Transfer of Property Act, 1882, Section 116 -- Lease - Tenancy by holding over - Mere continuance in possession after determination of the term of the lease does not create a tenancy by Holding Over - The Lease must also prove that the Lessor accepted the rent or otherwise assented to the Lessee's continuance in possession...........
Civil Procedure Code, 1908, Section 88, 207, Order 7, Rule 11 -- Rajasthan Tenancy Act, 1955, Sch.III, Item No.5 - Rejection of plaint - Suit for permanent, mandatory injunction and cancellation of sale-deed - Declaration of khatedari rights over agricultural land was the main relief sought - Held, declaration sought could only be granted by Revenue Court - Relief..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Land Revenue Act, 1956, Section 207, 88, 188 -- Schedule III, Item No.5 and Item No.23C - Rejection of plaint - Agricultural land - Suit for declaration and permanent injunction - Jurisdiction of civil court to entertain such suit - Held, suit clearly barred by S.207 of Rajasthan Tenancy Act which bars such suit from..........
Civil Procedure Code, 1908, Section 9, H.P.Tenancy and Land Reforms Act, 1974, Section 104 -- H.P.Tenancy and Land Reforms Rules, 1975, Part V Suit for declaration of ownership and challenge to entries of tenancy in jamabandi - Jurisdiction of civil court - Defendant claiming it to be a dispute of tenancy and ouster of jurisdiction of civil court - Plaintiff claiming that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction suit - Plaintiff himself has come out with a case that tenancy was for a godown - Defendant moved application U.O.7.R.11 CPC alleging that premises was not a `building', suit could not have been instituted in the Court of Small Causes - Court of Small Causes rejected said application and..........
Land and Property -- Tenancy - Eviction - Held, neither a tenant nor a licencee can deny the title of landlord or licensor...........
