Rent and Eviction -- Sub-letting - Sin qua non for proving case of sub-letting is that tenant has either whole or in part transferred or/and parted with possession of tenanted premises in favour of any third person without landlord's consent...........
Agreement to sell -- Sale agreement between landlord and tenant - By entering into agreement to sell there is no automatic change in nature and character of possession - It essentially depends on intention of parties to be decided on the facts of each case - In the instant case there is specific case of defendant that they are in possession of premises under the agreement..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Landlord seeking to adduce photograph of house, information regarding electricity connection to establish acquisition of two houses in vacant state by tenant as acquisition of said land was not in the knowledge at the time of judgment of trial Court - Said evidence is..........
Transfer of Property Act, 1882, Section 106 -- Lease - Merely because landlord accepted rent after termination of tenancy from tenant, but said amount appropriated and adjusted by landlord not towards rent but towards use and occupation charges of tenanted premises after termination of tenancy, it cannot be said that plaintiffs created a fresh lease in favour of defendant..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for possession filed by landlord and judgment there in with respect to entitlement of landlord to seek possession will not in any manner operate as res judicata as against defendant/tenant either for seeking final relief in specific performance suit or including interim relief of stay of dispossession in said..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Suit for eviction - Recovery of rent and damages - Ground of ceasing to occupy demised premises - As per evidence on record electricity bill was last paid in year 2001, then in subsequent years electric and water connections were removed - Premises were unoccupied by tenant till the date of filing of suit..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Evidence Act, 1872, Section 17 -- Rent and eviction - Application of tenant for framing additional issues dismissed - Admission - As per tenant, property let out to him by father-in-law of respondent and after his death he is paying rent to respondent - Once tenant has accepted that respondent is his landlord since..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Denial of written agreement by landlord - Merely because landlord has not accepted written agreement does not change essential relationship between tenant and landlord...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Termination of tenancy - Mere acceptance of rent at enhanced rate by lessor cannot continue tenancy with erstwhile relationship as landlord and tenant, on the face of such termination of tenancy - Termination of tenancy rightly held, to be in accordance with law - Defendant directed to vacate suit property...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1(c) -- Review - Suit for eviction - Appellate Court not considered issue of bonafide need and relative hardship of landlord - Also it should not have reversed finding of Prescribed Authority - In absence of error apparent on face of record - Review petition, not maintainable...........
