East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Tenant having permission to sub let - Tenancy coming to an end - Tenant becoming statutory tenant - A statutory tenant has no right to sub let the premises by enforcing terms of original tenancy - Tenant liable to eviction on ground of sub letting...........
Rent and Eviction -- Sub tenancy - Possession of person other than the tenant alongwith the tenant - Cannot be presumed as proof of sub tenancy - Unless the tenant had actually lost possession of the whole or any other part of the building to some other person exclusively a case of subletting cannot be inferred...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Relationship of landlord and tenant - Unregistered lease deed for three years - Even if rent deed is invalid, payment of rent itself creates a lease by implication - However, in the instant case, tenant did not ever pay rent to the landlord in respect of the preemies even for one month after the execution of the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Sub tenancy is heritable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Sub tenancy - Premises sub let before coming into force of Act - Tenant cannot be ejected on ground of sub-letting - Death of sub tenant - Son of sub-tenant who came to occupy after death of sub-tenant is also protected - Content that sub tenancy is not heritable not tenable...........
Registration Act, 1908, Section 49 -- Rent deed creating tenancy for two months - Registration of rent deed not required in respect of tenancies for a period less than one year - Even otherwise an instrument which is required to be registered but not so registered would still be admissible for proving the character of possession which is a collateral purpose...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Sine qua non for subletting is that a person to whom the property was originally tenanted had subsequently created a sub-tenancy in favour of another person - If the first tenancy itself is not accepted the plea of sub-tenancy just cannot stick...........
Rent and Eviction -- Sub letting - Plea of absence of proof of payment of rent by sub tenant - Held, sub letting is invariably a device in secrecy - Sub tenancy can be decided only by reference to the conduct of the parties and the evidence regarding the exclusivity of the sub tenant's possession - Ample evidence to show that admitted possession of sub tenant was really in..........
Punjab Security of Land Tenures Act, 1953, Section 14, 14A -- Eviction petition against tenant - Tenant claimed that tenancy ceased to exist on the basis of agreement to sell between him and landlord - Held, tenant has to prove the execution of agreement to sell with the landlord - Civil court already held sale agreement as not proved - Tenant, thus cannot claim that..........
Delhi Rent Control Act, 1958, Section 3, 6A, 8, 8(1), 50, Civil Procedure Code, 1908, Order 12, Rule 6, Delhi Rent Control (Amendment) Act, 1988 -- Termination of tenancy - Suit for recovery of possession of tenanted premises - Appellant seeking protection u/s.50 of Delhi Rent Control Act from bar of jurisdiction of Civil Court - Execution of Lease deed in favour of..........
