Rent and Eviction -- Joint tenants - Partition of tenancy rights - Commercial property - Death of original tenant - One of the joint tenants in actual and exclusive possession and he during pendency of case surrendered tenancy rights and he also handed over the possession of property to landlord who let it out to appellant and at present appellant is in possession of..........
Transfer of Property Act, 1882, Section 106 -- Notice - Tenancy was a monthly tenancy - Notice therefore u/s 106 of the Act for a period of 15 days was mandatory - Suit for eviction was filed much after expiry of 15 days from date of service of notice - Mandatory requirement of S.106 of the Act is duly complied with - Tenant rightly evicted...........
Delhi Rent Control Act, 1958, Section 45, Wakf Act, 1995, Section 83, 85 -- Restoration of electricity supply to property - Admittedly, property in question is a wakf property and is undisputed that petition u/s 45 of the Act was filed in April 2017, after coming into effect amendments carried out in Waqf Act in 2013 - Even if petitioner claims to be a tenant, though such..........
Rent and eviction -- Tenant not in actual physical possession - In case tenant has let out or sub-let the building or given it to third parties, including dealers or licensees, he would not be entitled to protection and benefit under the Tenants Act. (Tamil Nadu City Tenants Protection Act, 1972, Ss.9, 2(4)(ii(b)...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission for local inspection - Eviction suit - Tenant wanted to prove the fact of availability of vacant rooms with landlord - Normally though a commission application to collect evidence after commencement of trial is not justified - However, during cross-examination, PW1 stated his preparedness to take out..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction of daughter-in-law - Matrimonial home - Petitioner/daughter-in-law was living on ground floor of property along with her son - Categorical statement is given by petitioner that she is neither interfering in lives or movements of persons living above ground floor nor any of them is a..........
Jammu and Kashmir Houses and Shops Rent Control Act, 1966, Section 11 -- Eviction petition - Bonafide need - On the face of record personal necessity of landlord has been proved beyond any shadow of doubt - Since tenant are in use and occupation of suit property for almost half a century, therefore, they does not deserve any further premium in vacating suit property -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Eviction suit - In a suit between landlord and tenant, third person who alleges to have an agreement to sell in his/her favour cannot be impleaded as a party especially where basis of agreement is hit by provisions of law...........
Rent and eviction -- Authorized tenant - Tenant in possession on the date of commencement of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Amendment Act, 1976 with the consent of original owners - He shall be deemed to be a tenant by virtue of S.14 of U.P. Urban Buildings Act, as u/s 14 of said Act, a tenant in occupation of a building with the consent..........
Rajasthan Rent Control Act, 2001, Section 9(i), 9(m) -- Eviction petition - Recalling of order by tenant - Tenant was in no manner responsible for delay in disposal of application - Entire responsibility for causing delay was of landlord who filed his rejoinder after expiry of stipulated time limit and then kept on delaying proceedings until he could succeed to bring..........
