Transfer of Property Act, 1882, Section 106 -- Quit notice - Eviction - Lease agreement that tenancy is from month to month - Issuance of quit notice is mandatory - No notice determining tenancy issued and served upon tenant - In the absence of notice determining tenancy suit for eviction cannot be decreed...........
Transfer of Property Act, 1882, Section 105 -- Lease - Automatic renewal of lease - There is nothing like automatic renewal of lease and there must be a subsequent agreement between parties regarding renewal of lease - As there can be no automatic renewal of lease after expiry of lease, tenant directed to vacate the premises and handover vacant possession of same to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 3 -- Rejection of plaint - Misjoinder of parties - Two different parties have been properly joined - Plaintiffs No.1 & 2 are husband and wife and they had entered into a lease and hire agreement with defendants - Whether terms of hire agreement was co-terminus with lease agreement are..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease and licence - Determination - Lease or licence has to be ascertained from the substance of agreement and not from the form...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant allowed plaintiff to stay in the part of his house gratuitously - Plaintiff had misused the process of law by filing suit for permanent injunction, which is not maintainable in the eye of law - Held, in absence of any valid and subsisting lease or licence or rent agreement, petitioner..........
Delhi Rent Control Act,1958 -- Ejectment - Lease agreement - Tenant had taken disputed premises as far back as in February, 1981 at the then rent of Rs.2,091/- per month for a period of three years with right of renewal of lease for a further period of three years on enhancement of rent by 15% over last paid rent - Tenant continued in occupation of premises for 32 years..........
Rent and Eviction -- Failure to vacate - Damages - If a tenant agrees to pay rent for the period after the expiry of the term of lease, even if at an astronomical rate, it is bound thereby - There is no bar to a prospective tenant agreeing to pay rent at rates which may be far above the rates prevalent in the market and if it does so, it is bound by the said agreement...........
Rent and Eviction -- Ejectment - Agreement of tenancy between parties provided for an adjudication by arbitral process - Plea that lease period has expired and, therefore, agreement cannot be relied on for reference to arbitration - Held, plea liable to be rejected - Arbitral agreement was to resolve any dispute and consequently whether tenant BSNL has a right to continue..........
Transfer of Property Act, 1882, Section 106, Arbitration and Conciliation Act, 1996, Section 8 -- Expiry of lease period - Arbitration clause does not survive - Determination of lease on expiry of lease agreement - Suit for possession and damages on account of use & occupation - Subsistence of a lease under a lease deed would only be up to the period specified there in and..........
Rent and Eviction -- Payment of enhanced rent - Prior to expiry of lease plaintiff had given notice for continuance of tenancy at the enhanced rate claimed therein - Documents reflecting a clear understanding between the parties that tenancy agreement would continue at an enhanced rent - Claim for enhanced rent and the understanding reached was in tune with or even less..........
