East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Sub-letting - Where sub-tenants themselves admitted that they have been inducted as tenants by original tenants and not by landlady, therefore they would sink and swim with original tenant - As sub-tenants enjoying possession of demised premises not with the consent of landlady but by an illegal design..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for permanent injunction by tenant restraining landlord from evicting him without following due process of law - Defendant can advance a counter claim with the relief of eviction, arrears, house rent and damage - In view of admitted relationship, such a counter claim can never be said to be not..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Transfer of Property Act, 1882, Section 106 -- Counter claim - Averments made in counter claim regarding termination of tenancy themselves constitute notice as mandated u/s 106 of T.P.Act which matures upon expiry of 15 days from the date of its service upon tenant or his counsel and its prematurity has not been raised and..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Sub-letting - Plea of franchisee - However, failure to produce any document of franchisee - No document on record that tenant is occupying disputed premises or even part thereof - Tenant thus, walked out of premises and exclusive possession of property given to sub-tenant, who is running his..........
Transfer of Property Act, 1882, Section 106 -- Notice - Amendment of 2003 - Eviction suit - Though suit was filed in 2002 but said amending provision of Act having retrospective effect - As per amendment no objection with regard to termination of tenancy is permitted on the ground that legal notice as long as a period of 15 days was otherwise given to tenant to vacate the..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - (a) Obligations of landlord and tenant; (b) Consequences of landlord's refusal/failure to take possession offered by tenant; (c) Liability of tenant to pay rent/mesne profits in such cases; (d) Remedy available to tenant in such cases - (i) tenant is bound to handover vacant and peaceful possession of..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Landlord's refusal/failure to take possession offered by tenant - If a dishonest landlord deliberately delays taking over of possession, tenant should (a) vacate the tenanted premises; (b) take photographs of the vacant premises; (c) seal the property in the presence of a Notary Public and thereafter,..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Non refund of security deposit - Refundable security deposit should be deposited with a Bank/Financial institution under an Escrow agreement between the landlord, tenant and the Bank/Financial institution - Upon refusal of landlord to take possession offered by tenant, the tenant can deposit the keys..........
East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13B - - Eviction - Non-payment of rent - Assessment of provisional rent - Tenancy admitted by both parties and was reduced into writing - Plea taken by one of the tenant is that his signatures were obtained on blank stamp paper on plea to install electricity connection held, not tenable - More..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Unsafe and unfit for human habitation - Rebuilding - Approval of sanction of building plan is not sine qua non for seeking eviction of tenant...........
