Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction order - Obstructor claiming to be in possession in his independent right of tenancy - No rent receipt or documentary evidence produced - Rent, if not accepted by landlord, not deposited in Court - Merely because of the original rent note executed between D.H. & J.D. being in the hand of obstructor does..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Landlord seeking permanent injunction to restrain tenant from interfering in the intended construction to be raised on the first floor of tenanted shop - No proof that roof was part of tenancy - No specific contract for use of roof in favour of tenant - Injunction granted...........
Transfer of Property Act, 1882, Section 106, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Tenancy terminated by issuing notice under Section 106 of T.P.Act - Suit for possession of tenanted premises - During pendency of suit, notification issued and tenanted area included in M.C. - Civil jurisdiction ousted - Suit dismissed - Appeal also dismissed..........
Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 116 -- Lease of land by owner - Lessee admitting lease - Lessee estopped from denying title of owner - Lessee denying title - Tenancy stood automatically terminated...........
Punjab Land Reforms Act, 1972, Section 18, Punjab Tenancy Act, 1887, Section 82(3), 84 -- Surplus area - Determination and allotment - Successor Collector seeking permission from Commissioner to review the allotment order of his predecessor - Permission refused - Appeal against order of Commissioner refusing permission to review or confirming a previous order is not..........
Punjab Tenancy Act, 1887, Section 82 -- Revenue Officer - Can review his or any order passed by his predecessor in office - An appeal does not lie from an order refusing to review or confirming on review a previous order by Revenue Officer...........
Rent and Eviction -- Sub letting - Law as to - Legal position summarised : (i) In order to prove mischief of subletting as a ground for eviction under rent control laws, two ingredients have to be established, (one) parting with possession of tenancy or part of it by tenant in favour of a third party with exclusive right of possession and (two) that such parting with..........
Rent and Eviction -- Sub letting - Partnership - The thrust is to find out as to who is in legal possession of the premises - So long as the legal possession remains with the tenant the mere factum of the tenant having entered into partnership for the purpose of carrying on the business in the tenancy premises would not amount to sub letting...........
Transfer of Property Act, 1882, Section 106 -- Notice - Lease granted for manufacturing purposes - Tenancy from month to month basis - Lease can be terminated u/s 106 of the Act by giving one month's notice...........
Wakf Act, 1995, Section 85 -- Suit for possession and recovery of rent filed after termination of tenancy by Haryana Wakf Board - Jurisdiction of Civil Court is barred u/s 85 of the Act - It cannot be said that such like matters are required to be decided by a Civil Court and the Wakf Tribunal has no jurisdiction...........
