Punjab Tenancy Act, 1887, Section 59 -- Gair marusi rights - Right to succession of occupancy tenant is strictly to male lineal descendants only - Since daughter is not an heir to such tenancy, occupancy rights cannot devolve upon any female member in the family...........
Delhi Rent Control Act, 1958, Section 19, 38 -- Rent and eviction - Suit for possession by landlord - Power of Rent Control Tribunal - Power is though limited to substantial question of law, but where finding is based on no evidence or relevant and admissible evidence is not taken into consideration or legal principles wrongly applied or material evidence is misread,..........
Specific Relief Act, 1963, Section 37 -- Suit for injunction - Restraining defendant from illegally, unlawfully, unauthorisedly and forcibly dispossessing him from the suit premises - Plaintiff has pleaded that he was inducted as tenant by defendant No.1 in year 1986 - No documentary evidence has been adduced to show that any rent was deposited in accounts of defendant or..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Money suit - Claim of share of rent by co-owner - Entitlement to part of rent by virtue of having 2/3rd share of plaintiff in suit property, is admitted by defendant himself - Said admission operates as an estoppel against defendant and he cannot be allowed to resile for it - Even tenant also admitted..........
West Bengal Premises Tenancy act, 1956, Section 17(2), 17(3), Constitution of India, 1950, Article 227 -- Rent and eviction - Recovery of possession - While disposing application u/s 17(2) of the Act, Court shall be careful to find out whether relationship of landlord and tenant exists between parties or not - However, in the instant case, trial Court ignored this main..........
Rent and eviction -- Finding of civil Court regarding relationship between parties is binding on Rent Controller - Tenant having denied the title of his landlord has disentitled himself from seeking protection of Rent Act and consequently liable to be evicted on this ground...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Will cannot be made the subject matter of challenge by tenant who cannot deny and in fact does not deny his status as tenant in suit property - Question of ownership sought to be raised by tenant would not be crucial in an eviction petition - Eviction upheld...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125 -- Eviction - Mesne profit - Interest - After rate of contractual rent comes to an end on eviction order being passed, tenant is liable to pay mesne profits - However, it is for Courts to make balance between mesne profits at market rates and reasonable..........
Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Plaintiff owned the suit property as disciple of deceased/mahant by way of Will - Defendant himself admitted that whole property was under ownership/mahantship of deceased, thus there remains no room for any doubt that deceased had authority to execute Will in favour of plaintiff - Even execution of Will..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Eviction - Sub-letting - Plea of establishment of business through partnership by tenant - Tenant contended that he had not sub-let the suit premises, in fact, he entered into partnership with petitioner no.2, who was running a business in premises - However, statement of tenant that he was getting..........
