Rent and Eviction -- Non-payment of rent - In any proceeding of eviction of tenant on ground of non-payment of rent, he is not only bound to offer arrears of rent on account of non-payment of which eviction is sought for but also to pay future rent regularly, either at the amount agreed between parties or as fixed by Court...........
Rent and Eviction -- Non-payment of rent - Tenant has failed to comply with the interim order passed by Court regarding payment of rent during pendency of appeal before Supreme Court, and hence is in default - Tenant evicted - However, landlady shall have right to recover arrears of rent from tenant as determined by Supreme Court for the period of default by initiating..........
Possession -- Revenue entries - Stray entry in jamabandi recording a party as a gair marusi without paying any rent, cannot be relied upon to hold lawful possession as tenant - In order to prove lawful possession, possessee is required to prove payment of rent...........
Rent and Eviction -- Compromise - Tenant was to deposit 12,500/- - In case this amount was deposited eviction petition was to be dismissed and in case this amount was not deposited then eviction petition was to be decreed - Tenant deposited this amount - Consent order dismissing petition was passed - In execution of consent order an order was passed that name of tenant be..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of lease - Lease agreement executed between parties in respect of portion of tenanted premises which categorically stated that lease was a month to month lease - Subsequently, further portion of property was given on lease under oral agreement - Neither there is any pleading nor any evidence that terms of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is staying in her father's house since long and completed her post graduation - She has no independent income of her own and she depends on her parents for sustenance - Wife has a vacant piece of land in her name but no evidence on record that she is getting good amount of rent from her property - There was..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Relationship between petitioner as erstwhile tenant and landlord not in dispute - Fixation of fair rent confirmed upto Apex Court - Hence, for recovery of fair rent, suit is filed which needs no further deliberation - Leave to defend rightly rejected...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff leased out the suit property to defendant no.1 and also empowered him to lease out the same to second defendant for the purpose of putting up a retail outlet - No case is made out that defendants intended to sub-lease the suit property to any other third party - While the plaintiff consented for..........
Indian Penal Code, 1860, Section 420, 379, 406, 427 -- Cheating - Jurisdiction of Court - Rent agreement executed between parties - Accused handed over three undated signed blank cheques to complainant as security - Complaint does not mention that cheque was handed over before parties entered into an agreement - Complaint does not show that complainant was persuaded to..........
Civil Procedure Code, 1908, Order 21, Rule 52 -- Execution - Recovery of arrears of rent - Attachment of compensation granted under Motor Vehicle Accident Claim - Petition for arrears of rent filed against petitioner was decreed ex parte - Shop in question was in custody of petitioner and it was petitioner who was responsible to pay rent - Petitioner cannot take defence of..........
