Transfer of Property Act, 1882, Section 106 -- Quit notice - Prior to expiry of lease period - Landlord can terminate tenancy by way of serving notice u/s 106 of the Act even before the time of tenancy is over. ( Para 8)..........
Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Production of documents - Eviction petition on ground of bona fide necessity, for business of son - Tenant sought summoning of income tax returns and bank account of son of landlord - Such documents not necessary to decide dispute between parties - Dismissal of application calls for no interference...........
Evidence Act, 1872, Section 90 -- Document 30 years old - Presumption - Document in question i.e rent note has come from tenant, who is custodian of copy of rent note, thus, has a plausible explanation for being genuine and has been marked - It cannot be said to be brought on record for first time only - Presumption u/s 90 of the Act is drawn - However, same shall be..........
Rent and Eviction -- Title of landlord - When issue of title over tenanted premises is raised in an eviction suit under Rent Laws, landlord is not expected to prove his title like what he is required to prove in a title suit...........
Rent and Eviction -- Derivative title of an assignee - Tenant is estopped from challenging title of his landlord, yet tenant is entitled to challenge derivative title of an assignee of original landlord of demised property in an action brought by assignee against tenant for his eviction under Rent Laws - However, this right of a tenant is subject to one caveat that tenant..........
Rent and Eviction -- Attornment - Proof - Attornment can be proved by several circumstances including taking into consideration the conduct of tenant qua landlord...........
Rent and Eviction -- Attornment - Proof - Attornment stands proved viz. (a) no reply to quit notice which amounts to waiver to challenge invalidity or infirmity of quit notice including ownership issue raised therein; (b) Letters sent expressing willingness to attorn and continue the tenancy and also offering to pay rent; (c) Filing suit for mandatory injunction to accept..........
Rent and Eviction -- Eviction petition - Death of tenant - Necessary parties - On death of tenant legal heirs inherit tenancy as joint tenants - Occupation of one of the tenant is occupation of all the joint tenants - It is not necessary for landlord to implead all legal heirs of the deceased tenant, whether they are occupying the property or not - It is sufficient for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 20(b)(ii)(B) -- Recovery of 95 kg ganja - Secret information - Statement of recovery witnesses is doubtful and suspicious - Two recoveries effected - Second recovery effected from tenanted premises not supported by public witness - Statement of police officials otherwise became suspicious in..........
Transfer of Property Act, 1882, Section 105, 111 -- Lease deed - Proof of - Power of Attorney holder, son of landlord deposed in respect of said agreement on basis that he was present when terms of tenancy were discussed - Evidence of said witness cannot be discarded on ground that when landlord himself was available, his power of attorney holder could not depose in..........
