Agreement to sell -- Specific performance - Possession delivered as vendee agreed to pay rent at customary rate - Vendee did not pay rent for 13 long years - Vendee did not act in a proper manner - Equity is totally against him - Vendee is not entitled to claim discretionary relief of specific performance of agreement having not performed his part of the contract even if..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111, 107 -- Tenant in secured asset - Protection - Objectives of SARFAESI Act coupled with Transfer of Property Act and Rent Act are reconciled in following manner:- a) If a valid tenancy under law is in..........
Suits Valuation Act, 1887 - - Disputed shop was given on lease on monthly rent in the year 1985 but plaintiff contended that shop was given in the year 1995 - Defendant/tenant constructed shop consisting two rooms and said fact is not specifically controverted in replication - He thus, in possession of shop having two rooms prior to year 1995 - Plaintiff has not stated..........
Civil Procedure Code, 1908, Order 15, Rule 5, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Striking off defence - Eviction petition - Non-payment of rent - Tenant ready to deposit rent but on account of an inter-se dispute between landlords themselves as to who would be entitled to receive rent, rent was not accepted on date fixed - Therefore, it..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity and arrears of rent - Plea of tenant in respect of his claim to title of property on basis of agreement to sell arrived at between parties - Plea held, not tenable as tenant neither in his written statement nor in his deposition revealed any detail about date month or even..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 9(i) -- Amendment of reply - Dismissal of application - Eviction petition - On the basis of subsequent event as pleaded, in no manner it can be said that bonafide requirement of premises as pleaded by landlord stand completely eclipsed - Appellate Rent Tribunal committed no..........
Rajasthan Rent Control Act, 2001, Section 9(i) -- Eviction petition - Bonafide requirement - Merely because landlord`s son has ceased to be Additional Government Advocate in no manner it can be concluded that bonafide requirement as pleaded has become extinct on account of subsequent development...........
Transfer of Property Act, 1882, Section 106 -- Determination of tenancy - Suit for recovery of possession - Arrears of rent - Payment or non-payment of arrears of rent in advance would be of no consequence for deciding entitlement of respondent to seek recovery of possession of suit property on basis of determination of tenancy of appellant in view of notice issued by..........
Transfer of Property Act, 1882, Section 106 -- Determination of tenancy - Notice - Plea of advance payment of rent - Non-sending of reply to notice is also a circumstance to negate plea of appellant that he had paid advance rent...........
Arbitration and Conciliation Act, 1996, Section 8 -- Appointment of arbitrator - Dispute as to sharing of rent of lease space - Cl.19 of Addendum that in the event of any dispute and difference arising among parties out of, in connection with or relating to agreement will be referred to arbitration - High Court committed grave error in not referring dispute between parties..........
