Transfer of Property Act, 1882, Section 111 -- Owner of premises forming partnership firm and carrying on business in premises owned by him - Owner withdrawing from partnership firm - Remaining partners cannot claim tenancy rights in the premises...........
Transfer of Property Act, 1882, Section 52 -- Co-owner - Cannot create tenancy rights without consent of other co-owners - If one co-owner does so, others are not bound by that act...........
Rent and Eviction -- Tenant resisted eviction on basis of agreement of sale executed by landlord with partnership firm of which he is one of the partners - Tenant however not able to project himself as partner of firm nor as transferee of agreement - Tenant cannot claim all rights of firm - Tenancy rights are available to the tenant individually over which the partnership..........
Rent and Eviction -- Sub tenancy - No suit for eviction filed for 10 years for eviction - Implied consent of landlord to sub-let cannot be inferred...........
Rent and Eviction -- Sub-tenant - Not necessary to implead him as a party when eviction of tenant is sought on the ground of unlawful tenancy. (West Bengal Premises Tenancy Act, 1956, S.13(1)(a), 13(3), 14 & 16)...........
Rent and Eviction -- Sub-tenancy - Permission - Previous consent in writing of the landlord with respect to each sub-letting separately is essential and a general authority to the tenant in this regard is not sufficient. (West Bengal Premises Tenancy Act, 1956, S.13(1)(a), 13(3), 14 & 16)...........
Rent and Eviction -- Sub-tenancy - Notice of creating sub-tenancy not given to landlord by tenant as required under S.16 - Sub-letting not valid - Sending of notice is mandatory. (West Bengal Premises Tenancy Act, 1956, S.13(1)(a), 13(3), 14 & 16)...........
Transfer of Property Act, 1882, Section 106, 113, 111 -- Notice - Waiver - After issuance of notice fresh offer of tenancy given on enhanced rent which did not mature - Held, this does not amount to waiver of earlier notice...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice of more than 15 days ending with month of tenancy - It is a valid notice...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2) -- Sub letting - No neighbour examined to prove that sub tenant has complete control over the part of the demised premises - Account books of sub-tenant also not summoned to establish the alleged relationship of sub-tenancy - Held, sub-tenancy not proved...........
