Civil Procedure Code, 1908, Order 21, Rule 11, Civil Procedure Code, 1908, Order 22, Rule 4 -- Execution - Eviction order - Death of original tenant - Impleadment of all legal heirs not necessary - Tenancy devolves on legal heirs as joint tenants, therefore, even when only one of legal heirs of deceased tenant, who is in possession of property is impleaded in execution..........
Rent and Eviction -- Necessary parties - In rent proceedings the lessee/tenant is the only necessary or/and proper party and none else - An employee of a tenant is not a necessary party...........
Rent and Eviction -- A tenancy is creation of contract between two persons who are capable to enter into contract called lessor/landlord and lessee/tenant - Two persons can be either living person or juristic person such as partnership firm or a company...........
Rent and Eviction -- Once tenancy is created either orally or in writing with respect to a land or building then it is always subject to relevant provisions of Transfer of Property Act or State Rent Acts - Ss.105 to 111 of Transfer of Property Act provide certain safeguards, create some statutory rights, obligations, duties whereas State Rent Acts, inter alia, specify..........
Evidence Act, 1872, Section 116 -- Derivative title of an Assignee/Vendee - Tenant is estopped from challenging title of landlord during continuation of tenancy - However, tenant/lessee is entitled to challenge the derivative title of an Assignee/vendee of original landlord in an eviction brought by assignee/vendee against tenant for his eviction from demised property..........
Rent and Eviction -- Derivative title - Relationship of landlord and tenant - Once Assignee/Vendee proves his title to the property, original tenancy devolves on the Assignee/Vendee and tenant/lessee by operation of law on the same terms and conditions on which it was entered into with the original landlord/lessor and continues till either modified by the parties or is..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Bona fide need - Premises required by landlady for business of son - No alternative premises lying vacant for business of son - Even otherwise, it is perfectly open to landlady to choose a more suitable premises for carrying on business by her son and she cannot be dictated by tenant as to from which shop her son..........
Constitution of India, 1950, Article 371F(k), Gangtok Rent Control and Eviction Act, 1956, Section 4 -- Rent and eviction - Bonafide requirement - Landlord and his wife retired from their government services and they require premises for the purpose of selling computer spare parts and accessories to augment their income to medical education of their daughter and..........
Rent and eviction -- Time for vacating premises - Due sanctity ought to be granted to broad consensus arrived at between parties - Tenant directed to vacate premises within two years from filing of undertaking before Rent Tribunal - Direction issued...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Eviction order on ground of reconstruction of building - Tenant has right of re-induction in the building reconstructed by landlord on payment of rent to be settled taking into consideration the rent of similar space prevalent in the market...........
