Rent and eviction -- Eviction order - Time to vacate - Tenancy of over two decades - Tenant running his shop from the tenement in question - Tenant already deposited the entire decretal amount - Considering length of occupancy of shop by tenant under terms of lease deed and in order to provide him a reasonable time to set out his house and a consequence of eviction and to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Subsequent event - Where suit for eviction of tenancy is filed on certain grounds, subsequent addition of fresh ground in plaint does not change nature of suit and therefore, amendment to add such new grounds is permissible...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20, 5, 11(2)(b), Kerala Land Reforms Act, 1963, Section 2(57) -- Eviction petition - Arrears of rent and fixation of rent - There is neither denial of title of landlord nor claim of right of permanent tenancy so as to attract second proviso to S.11(1) of Rent Control Act - Plea of kudikidappu raised by tenants..........
Landlord and tenant -- Relationship - Agreement of tenancy can be both by writing or oral - Even if, there is oral agreement of tenancy, Court has to look into the circumstances and intention of the parties and other material to conclude as to whether there was any tenancy or not...........
Landlord and tenant -- Relationship - No rent agreement executed in between parties - No rent receipt filed in support of claim of tenancy - When there is no evidence of taking premises on rent and it is admitted that no record of accounts as to payment of rent is maintained, there is no base for holding that relationship of landlord and tenant is proved...........
Calcutta Thika Tenancy Act, 1949, Section 2(5) -- Thika tenant - Registered lease deed executed in favour of respondent for a period of 20 years - However, definition of Thika tenant will have no application to lease beyond 12 years period - Declaration in favour of respondent on that basis cannot stand being a manifest error apparent on face of record and also contrary to..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 2(6) -- Eviction petition - Tenant attorn tenancy and recognized landlord as landlord of petition premises - Therefore, tenant cannot question the title and nature of property...........
Rent and eviction -- Dispute qua eviction or tenancy - Reference of dispute to arbitration - In case special statute governing tenancy exists and applicable then Court/Forum under the special statute alone can adjudicate such matters and dispute is non-arbitrable - In case special statute does not apply and parties are governed by Arbitration clause then dispute is..........
Transfer of Property Act, 1882, Section 106 -- Lease/tenancy - Arbitration in disputes relating to matter under T.P. Act - Where lease/tenancy are not governed under special statutes but under T.P. Act and dispute between parties is arbitrable then there shall be no impediment whatsoever to invoke Arbitration Clause...........
Transfer of Property Act, 1882, Section 114, 114A -- Forfeiture/termination of tenancy - Dispute resolving through arbitration - If in arbitration proceedings landlord has sought for an award of ejectment on the ground that lease has been forfeited since tenant has failed to pay rent and breached express condition for payment of rent or such other breach and in such..........
