Transfer of Property Act, 1882, Section 106 -- Lease - Notice of eviction - Plaintiff inducted defendant as sub-tenant of suit premises - By issuing first notice plaintiff terminated the lease - However, in the mean time settlement arrived at between parties and plaintiff permitted defendant to remain in premises, as it was agreed between parties that entire arrears of..........
Rent and Eviction -- Death of tenant - Eviction petition against daughter of deceased tenant is maintainable and there is no legal requirement to file suit for possession...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant while relying upon sale deed contended that he purchased part of suit property which he occupied as tenant - However, he failed to prove that part of joint family property which he occupied as tenant was subject matter of sale under sale deed in question - Once it was held that partition was..........
Madhya Pradesh Accommodation Control Act, 1961, Section 12 -- Eviction suit - Landlord can seek eviction of tenant only on the grounds specified in S.12 of the Act - Mere declaration of title in favour of landlord cannot entitle him to decree of eviction...........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Production of documents - Eviction petition - Tenant seeking production of documents to prove that landlord has an alternative shop now available to him to overcome his bona fide need for running business of his son - However, neither tenant nor Court can direct landlord to choose place and premises for running his business..........
Civil Procedure Code, 1908, Order 15, Rule 5(As -- Protection against striking of defence - Strict compliance of provision of O.15.R.5 CPC is mandatory before claiming benefit/protection against striking off defence by tenant...........
Civil Procedure Code, 1908, Order 15, Rule 5(As -- Striking off defence - Default in payment of rent - Plaintiffs are husband and wife who jointly purchased disputed shop and inducted defendants as tenant - Arrears of rent not paid by defendants, as they claimed that plaintiff no.2 sold half of suit property to defendant no.2 - Sale deed regarding purchase of half share of..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Rent and eviction - Bonafide need - Claim of landlord u/s 11(3) of the Act against each tenant, even though occupying portions of same building, is distinct and independent of each other, particularly because such claims can be impeached by one tenant, even when eviction is ordered against others, since..........
Rent and Eviction -- Vacation notice by tenant to vacate the premises on 5.10.1994 - Reply not given by landlord to the notice - Possession alleged to be delivered on 05.09.1996 - Landlord maintained a strategic silence only to raise a claim for rent later on - If possession was not handed over at that time a notice for payment of rent ought to have been issued in the..........
Tripura Buildings (Lease and Rent Control) Act, 1975, Section 12(2), 12(3) -- Eviction petition - Non-payment of rent - Despite notice of demand for paying rent and also for vacating premise bonafide requirement, tenant did not pay arrears of rent within period as prescribed by tenant - Tenant not entitled to get any protection as provided under RCC Act - Petition..........
