Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 12, Rule 6 -- Decree on admission - Execution - Suit was for possession - Order rejecting applicant's impleadment in said order - Applicant filed objections in execution proceedings - Objected to - Plea of tenancy under plaintiff - Said allegation is contrary to allegation in application for..........
Transfer of Property Act, 1882, Section 83, 106 -- Mortgage to tenant - Redemption of mortgage - Tenancy rights are revived as rights of lessee do not merge in rights of mortgagee, except where there is intention of parties to the contrary - Where parties have not intended to terminate lease at time of mortgage, tenant-mortgagee is entitled to continue in possession as..........
Adverse possession -- Tenant if occupies land adjacent to the lease property, he cannot claim adverse possession thereto because he entered the property as a tenant. (Limitation Act, 1963, Art.65)...........
Rent and Eviction -- Rent - Default period fell beyond three years prior to date of suit - Law of limitation bars remedy of claimant to recover rent beyond three years prior to the institution of suit but that is not a ground to defeat the claim of landlord for decree of eviction. (Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, S.11(1)(d)...........
Transfer of Property Act, 1882, Section 58(d), 62, 83, 105, 111 -- Mortgage to tenant - Tenancy rights not relinquished - On redemption of mortgage tenancy rights of mortgagee-tenant will continue and as such mortgagor is not entitled to recovery of possession - There is no automatic merger of mortgage and pre-existing lease and two operate independent of each other and on..........
Refund -- Internet access - Agreement for lease of line with respondents and a sum of Rs.40,000/- deposited - After entering into agreement respondent/OP wanted some fresh terms and conditions being incorporated in the agreement which were different and opposed to the ones which had formed part of the agreement to which the complainant was not ready - The complainant did..........
Registration Act, 1908, Section 17 -- Agreement for construction of plinths - On completion of plinths the same to be handed over to FCI under a lease agreement to be executed between the parties in prescribed proforma - It is only an executory agreement and not an agreement creating rights in immovable property, hence not compulsorily required to be registered - It was a..........
Consumer Protection Act, 1986, Section 2(1),(e) -- Housing - Consumer dispute - Outright purchase at an auction sale - Sale deed, lease deed, brochure agreement did not show any civil amenities but the purchasers are entitled that - There was no arrangement of hiring of service for consideration between the parties - Not a consumer dispute - At the most it can be a case of..........
Tenancy -- Proof - Certain essential features have to be proved to hold that there is relationship of landlord and tenant - It necessarily involves the existence of a contract in the form of lease deed or any circumstantial evidence showing that such a contract was in existence - It further requires that possession of the immovable property should be proved by tenant in..........
Tenancy -- Proof - Oral evidence rebutted by oral evidence - No Rent deed or lease deed produced on record - No rent receipt proved on record - Held, in such a situation, no finding can be recorded to conclude that there is relationship of landlord and tenant between the parties. (Transfer of Property Act, 1882, S.105)...........
