Civil Procedure Code, 1908, Order 20, Rule 12 -- Decree for possession - Execution - Obstruction - Pending obstruction application, declaratory suit by obstructor for tenancy rights - Decree holder's claim in suit for delivery of possession & mesne profits at market rate - As execution of decree for possession takes long time as such a person who is holding over the..........
Civil Procedure Code, 1908, Section 47 -- Decree for eviction - Execution - Declaratory suit by obstructor for tenancy right - Held, during pendency of suit for declaration of tenancy right by obstructor, decree-holder landlord cannot be given delivery of possession of the tenanted premises...........
Transfer of Property Act, 1882, Section 107 -- Lease deed of immovable property exceeding one year - Unregistered - It shall be deemed to be a lease from month-to-month, terminable, on the part of either lessor or lessee by 15 days' notice under Section 106 of the Transfer of Property Act expiring with the end of a month of the tenancy...........
Punjab Tenancy Act, 1887, Section 77, 39, 40, Punjab Security of Land Tenures Act, 1953, Section 14, 9 -- Suit under Section 77 Punjab Tenancy Act for ejectment of tenant on grounds of : (1) nonpayment of rent, and (2) sub - letting - Plea that proceedings have to be initiated under Section 14 - A Punjab Security of Land Tenures Act and since proceedings initiated under..........
Punjab Tenancy Act, 1887, Section 39, 40, 77, Punjab Security of Land Tenures Act, 1953, Section 9 -- Tenant can be evicted if any of the grounds enumerated in Section 9 Punjab Security of Land Tenures Act is fulfilled - Failure of tenant to "pay rent regularly without sufficient cause" - One of the grounds for ejectment of tenant - Revenue Authorities recorded a..........
Punjab Security of Land Tenures Act, Section 14A(ii), 9, 18 -- Tenancy land allowed to be purchased in 1964 under Section 18 and due payments made - Separately land declared surplus in 1962 and allotted to ejected tenants in 1963 - Application by purchaser for ejectment of resettled tenant for non - payment of rent - Purchase allowed never set aside - Land having been..........
Transfer of Property Act, Section 106, 116, 111(a) -- Lease for a fixed period - Agreement provided for renewal - Tenant failed to exercise option for renewal - To be taken that tenancy terminated by efflux of time - No notice under Section 106 is necessary to be given...........
Transfer of Property Act, 1882, Section 111 -- Tenancy when expires by efflux of time - Landlord can take possession only by due process of law - Tenant can get a decree for injunction against the landlord so as to protect his continued possession until evicted by due process of law. (Specific Relief Act, 1963, Ss.37, 38, Civil Procedure Code, 1908, O.39.Rr.1, 2)..........
Punjab Tenancy Act, 1887, Section 82 -- Review - New plea - Cannot be raised - Civil Procedure Code, Order 47 Rule 1...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Ejectment of tenant on ground of non - payment of rent for one particular crop without any sufficient cause and Batai for earlier crops - Remedy available to landowner under Sections 17 and 18 Punjab Tenancy Act for division or appraisement of produce - Cannot be treated as alternative remedy for seeking..........
