Transfer of Property Act, 1882, Section 108(c), (1), 111(g) -- Non payment of rent by tenant - Absence of forfeiture clause in terms of lease - There can be no forfeiture either by inference or by implication - Contract must contain an express condition that non payment of rent will enable the landlord to re-enter the premises regardless of the duration of the lease -..........
Land and Property -- Tenancy - Non-payment of rent - Effect - Held, mere no, production of rent receipts depicting payment of rent would not negative plaintiff's plea of tenancy because liability of tenant to pay rent is determining factor and not actual payment of rent - In instant case, plaintiff as tenant is liable to pay 1/3rd batai and, therefore, plaintiff continues..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Provisional rent - Held, once provisional rent has been assessed, tenant is bound to pay same and if he does not, then ejectment has to follow - Rent Controller does not have jurisdiction to extend time for tendering provisional rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction petition - Impleadment - Dispute as to relationship of landlord and tenant - Lease deed which created relationship of landlord-tenant was executed by applicant being co-owner of property in question - Held, he is entitled to be impleaded and join proceedings..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Notice not to be read in a hyper-critical manner nor must its interpretation being crippled by pedagogic pendantism or over refined subtletly - It should not be interpreted in a manner so as to find fault with it, but only in a fashion so as to ascertain whether the individual receiving the notice understood the..........
Punjab Security of Land Tenures Act, 1953, Section 50 - - Eviction - Non-payment of rent - All revenue authorities have concurrently found that petitioners are tenant and had failed to make payment of rent to respondent No.5 - Land in question is being taken by petitioners on lease which was donated by their ancestor for religious purpose and thereafter they refused to pay..........
Rent & Eviction -- Eviction order - Tenant liable to pay mesne profits for use and occupation of the premises from the date of decree of eviction - Mesne profits is payable at the same rate at which landlord would have been able to let out the premises on being vacated by the tenant - While determining the quantum of amount so receivable by landlord, the landlord is not..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Provisional rent - Assessment of - Revision - Maintainability of - Provisional rent assessed by Rent Controller - Included interest and costs - House tax not included - Rent controller heard arguments and made tenant liable to pay house tax - Revision against - Held, revision not maintainable - Aggrieved..........
Punjab Security of Land Tenures Act, 1953, Section 9, 11, 12 -- Execution of Pattanama - Determination of rent - Assistant Collector 1st Grade directed tenant to execute Qabuliatnama/Pattanama and to pay rent in respect of land in dispute not exceeding 1/3rd of the crop of such land or value thereof as determined in prescribed manner - Appellate/Revisional Authorities also..........
Transfer of Property Act, 1882, Section 105, 108 -- Lease - Landlord to maintain premises in tenantable conditions and to get the premises repaired when necessary - Tenant is required to vacate the premises at the end of period of lease and to pay rent regularly during the tenancy period and to keep the premises in good condition subject only to changes caused by..........
