Civil Procedure Code, 1908, Order 41, Rule 25 - - Eviction suit - Issue regarding other co-owner/members of Hindu Undivided Family not impleaded as party - Tenant admitted having paid rent to plaintiff - On the contrary, there is a statement recorded of plaintiff as per his rejoinder of being landlord - More so, no other co-owners has come forward to challenge or object..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant contended that suit pertains to a public religious endowment, thus suit is barred, as prior permission u/s 92 CPC not taken before institution of suit - Contention rejected, as question regarding property in suit pertains to religious endowment cannot be determined at this stage, as same..........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Shop in question is constructed after 1985, therefore it is exempted from operation of U.P Act of 1972 - Factum of service of notice terminating tenancy in terms of S.106 of the Act not disputed - Tenant defaulted in payment of rent - Tenant rightly evicted...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery of advance amount - Termination of tenancy - Tenant claiming advance amount of Rs.50,000/- from landlord - However, record reveals that rent of Rs.56,000/- was outstanding against tenant - Finding of trial Court that no amount was recoverable from landlord held, proper - No interference warranted in it...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Third party objections - Person inducted as tenant, in the suit premises, during pendency of proceedings - Such person has no right to be heard, by Executing Court, before delivery of possession - Execution Court directed to proceed execution proceedings and issue necessary police aid for effecting delivery of..........
Rent and eviction -- Tenant at sufferance - Tenant who is continuing in possession without consent of landlord is not a tenant by holding over, but a tenant at sufferance, which is akin in status to that of a trespasser...........
Rent and eviction -- Suit for recovery of possession from trespasser - Inquiry as to valuation of suit - Tenant was categorically described to be a lessee at inception, later on rendered a tenant at sufferance and virtually being described as a trespasser - An inquiry u/s 11 of West Bengal Court Fees Act, is immediately required so that parties are not compelled to..........
Specific Relief Act, 1963, Section 34, 38, Transfer of Property Act, 1882, Section 116 -- Suit for declaration of ownership - Seeking injunction against defendant claiming possession on basis of tenancy - Plaintiff claiming ownership on basis of entry in jamabandi and oral family settlement - Operation of S.116 of T.P. Act would confer legitimacy to possession of the..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(i) -- Tenant - Death of person who created tenancy having life interest under Will - Such inducted person is a tenant under the Act - Tenancy cannot be disrupted or brought to an end except on grounds specified in the enactment...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 2(i) -- Tenancy created by a person having life interest under Will - Creating of tenancy was an incident of life interest - It was means for generating rental income to sustainenace of that person - Life interest thus enabled him to create tenancy and receive rent from the tenants of the property - Tenant is thus a..........
