Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 12, Rule 6 -- Decree on admission - Execution - Suit was for possession - Order rejecting applicant's impleadment in said order - Applicant filed objections in execution proceedings - Objected to - Plea of tenancy under plaintiff - Said allegation is contrary to allegation in application for..........
Transfer of Property Act, 1882, Section 83, 106 -- Mortgage to tenant - Redemption of mortgage - Tenancy rights are revived as rights of lessee do not merge in rights of mortgagee, except where there is intention of parties to the contrary - Where parties have not intended to terminate lease at time of mortgage, tenant-mortgagee is entitled to continue in possession as..........
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..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Main relief in plaint relating to continuance of tenancy under trust - Other reliefs claimed regarding enquiry into affairs of trust - Rejection of plaint on ground that Civil Court has no jurisdiction - Order set aside - Adjudication in suit to be restricted to question of tenancy only - Plaintiff..........
Civil Procedure Code, 1908, Order 21, Rule 36 -- Tenant - Redemption of mortgage - Tenant inducted by mortgagee - Property redeemed and remortgaged and tenancy continued - Held, as tenant was not inducted by mortgagor as such tenant is liable to be evicted in execution of final decree of redemption obtained against the second mortgagee...........
Transfer of Property Act, 1882, Section 106 -- Monthly tenancy - Does not cease to be monthly tenancy merely because rent is recovered quarterly, half yearly or yearly...........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 12(3)(a) -- Tenant made only part payment of total amount demanded by landlord in notice of termination of tenancy - Held, ground for eviction is clearly made out...........
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..........
Rent and Eviction -- Purchase of only a share of property and not the entire property - Tenancy is not extinguished...........
Tenancy -- Proof - Certain essential features have to be proved to hold that there is relationship of landlord and tenant - It necessarily involves the existence of a contract in the form of lease deed or any circumstantial evidence showing that such a contract was in existence - It further requires that possession of the immovable property should be proved by tenant in..........
