Plot allotment -- Cancellation - Requirement of lease determination by Chief Executive Officer - Arises only when there is any violation of the terms of lease - If condition precedent for grant of lease itself was fraudulent then cancellation of lease was not required to be preceded by permission of Chief Executive Officer - Moreover Chief Executive Officer has granted..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 -- Eviction - Execution proceedings - In view of conduct and attitude of revision petitioners, Court has not only found that petitions are devoid of merits, but also is satisfied that revision petitioners have vexatiously filed successive applications one after another to stall execution proceedings - Moreover, fact..........
Arbitration -- Award - Jurisdiction - Enhancement of the lease rent - Where a contractual provision is ambiguous or is capable of being interpreted in more ways than one, the Court cannot interfere with the arbitral award - Thus, Arbitral Tribunal, or for that matter, the Court cannot alter the terms and conditions of a valid contract executed between the parties with..........
Civil Procedure Code, 1908, Section 9, Haryana Urban (Control of Rent and Eviction) Act, 1973 -- Jurisdiction of civil Court - Suit for possession - Lease - After expiry of lease term of the lease deed, tenant becomes a statutory tenant - Such a tenant can be evicted under the provisions of 1973 Act as jurisdiction of Civil Court is impliedly barred...........
Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, Section 11(2) -- Surplus land - Sub-letting - Sub-lessee cannot claim independent rights as a tenure holder, if grantee being a lessee from Government has no right to transfer the land without fulfilling conditions stipulated in Clause 9 of lease deed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by BDA (Bangalore Development Authority) - DH after a period of approximately 17 years and after vesting of suit property in favour of BDA, entered into lease agreement with JD - BDA has become absolute owner of suit property - When BDA claims right, title or interest in suit property,..........
Stamp Act, 1899, Section 31, 35 -- Nature of document - Deed of assignment or lease deed - Tenor, contents and background of proposed instrument reveals that it is a deed of assignment of lease and not sale - Proposed instrument is thus, a deed of assignment and that it will be chargeable in accordance with Art.63 of Scheduled 1-B of Stamp Act on basis of amount of sale..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for permanent injunction - Defendant admitted that he is residing in same property with plaintiff and after a lapse of 7-8 years he has filed an application U.O.7.R.11 CPC alleging that plaintiff has played fraud terming lease deed to be sale deed - However, it cannot be said that averment made..........
Rent and eviction -- Lease - Statutory Corporation continuing with the occupation of premises without paying rent from 31.12.2009 - It is unbecoming of a statutory corporation, which is a State within the meaning of Article 12 of the Constitution of India - Respondent directed to vacate the premises and handover peaceful and vacant possession to the appellant - Respondent..........
Lease/Tenancy -- Surrender of tenancy - Twin conditions that make a valid surrender of tenancy are not fulfilled - Neither landlord nor persons who purchased land from her pleaded or proved that notice in writing was issued to them by tenant followed by inquiry conducted by Special Officer culminating in an order accepting such alleged surrender - Findings of district..........
