Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20(2), Limitation Act, 1963, Article 113 -- Eviction petition - Limitation - There is no provision under Limitation Act, providing for limitation in filing a suit against a tenant when a ground for eviction exists under a statue - S.20(2) of the Act only creates a bar to file a..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20 -- Eviction petition - Determination of tenancy - Unregistered rent deed - Unregistered rent deed would no stand in way of Court to determine factum of tenancy from evidence on record as well as conduct of parties...........
Rent and Eviction -- Sub tenancy - While sub letting property landlord is kept out of the scene - Proof by direct evidence of the money consideration paid by sub tenant to tenant is difficult to prove - Court can draw its own inference upon facts of the case...........
Rent and eviction -- Parting of possession by tenant of a portion of the premises without consent of landlord - Tenant evicted on this ground alone without getting into the question of sub letting or assignment. (Delhi Rent Control Act, 1958, S.14(1)(b) & S.14(4)...........
Rent and Eviction -- Sub letting - Plea by tenant that said sub tenant is an employee of the shop - Name of said sub tenant not intimated as employee of the shop to the authority as per statutory requirement - Adverse inference rightly drawn against tenant...........
Rent and eviction -- Sub-letting - Stranger engaged in the shop and paid 50% labour charges - It is either a case of partnership or sub-letting - Moreover such stranger not examined to substantiate the version that he was engaged by tenant as his worker - Tenant is liable to be evicted on the ground of sub letting...........
West Bengal Premises Tenancy act, 1956, Section 13(1)(a) -- Eviction suit - Sub-letting - Admittedly, it is proved that defendant being sole tenant in suit premises transferred/assigned his possession in favour of his brothers who are now in exclusive possession of suit premises - Hence, plaintiff established case u/s 13(1)(a) of the Act - Suit rightly decreed by Trail..........
Rent and eviction -- Sub letting - Original tenant constructed his own house, where he is residing with his wife - Accommodation of nephew of tenant in suit premises amounts to sub letting, as it was without knowledge and approval of landlord...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 3, 43, United Provinces (Temporary) Control of Rent and Eviction Act, 1947, Section 2, General Clauses Act, 1897, Section 24 - - Rent and eviction - Notification issued extending provision of earlier enactment to area where suit is filed - Maintainability - In the instant case,..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 3(a) -- Eviction - Devolution of tenancy - Suit property taken on rent by father-i, law and after his death his son (husband) became tenant and after his death wife became tenant - In absence of any son or daughter tenancy would devolve upon heirs of husband - Her brother does..........
