Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger - Co-owners - Tenant purchasing rights of some of co-owners - Tenancy does not come to an end - Tenant remains a tenant - Tenancy will extinguish by merger if tenant purchases entire rights of landlord in whole of premises...........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger - Tenant purchasing rights of some of the co-owners - Tenancy does not come to an end - Landlord can seek eviction of such a tenant on the grounds available to him under Rent Act...........
Transfer of Property Act, 1882, Section 111(d) -- Co-owners - Premises let out - Tenant inducting sub-tenant - Sub-tenant purchasing whole of the property and acquired full ownership rights - Sub-tenancy extinguishes by merger into ownership - Sub-tenant is entitled to evict tenant - Right of reversion, vesting in owners comes to vest fully and entirely in the sub-tenant...........
Transfer of Property Act, 1882, Section 111(d), 109 -- Doctrine of merger - It is founded on the principle that two estates-one larger and one smaller cannot - and need not - coexist, if the smaller estate can in equity, and must in law, sink or merge into the larger estate - One cannot be an owner and sub-lessee both at the same time. The smaller estate of sub-tenancy..........
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution subject to payment of Rs.15, 000/- per month in addition to the contractual rate of rent - Tenant as per Delhi Rent Control Act does not include a person against whom an order or decree for eviction is passed -..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Doctrine of merger - The doctrine of merger is based on the principles of propriety in the hierarchy of justice delivery system - The doctrine of merger does not make distinction between an order of reversal, modification or an order of confirmation passed by the appellate authority - The said doctrine postulates that..........
Transfer of Property Act, 1882, Section 111(d) -- Suit for eviction by one of the co-owners/co-landlords - No objection by others - Transfer of share by other co-owners/co-landlords subsequently - Does not affect the suit as there is no merger of interest of landlord and tenant unless entire interest of landlords/owners gets merged in the interest of tenant...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 11 -- Appeal - Second appeal dismissed in limine - Amounts to merger of the judgment of the lower Appellate Court with that of the High Court...........
Transfer of Property Act, 1882, Section 58(d), 62, 83, 105, 111 -- Mortgage to tenant - Tenancy rights not relinquished - On redemption of mortgage tenancy rights of mortgagee-tenant will continue and as such mortgagor is not entitled to recovery of possession - There is no automatic merger of mortgage and pre-existing lease and two operate independent of each other and on..........
Rent and Eviction -- Tenant purchasing only a share of property i.e. share of one of the co-owners - Tenancy does not come to an end - In order to bring the tenancy to an end the interest of the landlord in its entirety must come to vest and merge into the interest of tenant in its entirety - When part of the interest of the landlord or the interest of one out of many..........
