Transfer of Property Act, 1882, Section 107 -- Termination of tenancy - Issue is with respect to operation of principle of estoppel against plaintiff on account of their act and conduct in terminating lease by issue notice after having allowed appellants to incur huge amount by securing loan from Bank - Appellants have taken demised premises on lease to set up hospital -..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Civil suit for possession/ejectment - Rent Act made applicable during pendency of suit - Right of parties stand crystallised on the date of institution of suit and therefore law applicable on the date of filing of suit continues to apply until suit is disposed of or adjudicated - If during pendency of suit, Rent Act..........
Wakf Act, 1995, Section 83, 85 -- Wakf Property - Jurisdiction of Civil Courts - Ejectment of lessee from wakf property - Civil Courts had jurisdiction to entertain suit filed by Board...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Any person/inhabitant of village is competent to file petition for ejectment against unauthorized occupant of Panchayat property...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Where notice u/s 106 TPA, terminating tenancy has been issued defendants would have no grievance to defend ejectment and have to surrender possession as and when interference of the Court is sought...........
Civil Procedure Code, 1908, Order 1, Rule 10, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Impleadment of party - Plea of applicant that property was rented out to two brothers whereas eviction petition is filed against only one - Application to seek impleadment filed two years after ejectment petition was filed and at a stage where landlord had..........
Transfer of Property Act, 1882, Section 53A, 108 -- Agreement to sell by landlord with tenant - Part performance - An agreement to sell by landlord to sell the premises let out to the tenant does not, in the absence of landlord having put the tenant into possession of the property in part performance of the agreement to sell, prevent the landlord from suing the tenant from..........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Section 100 -- Injunction - Concurrent finding whereby defendants restrained from dispossessing plaintiff except in accordance with law - However, finding that plaintiff can be evicted only under the provisions of H.P. Urban Rent Control Act, 1987, set aside - It is for the defendants to initiate..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Eviction suit - Admission of landlord and tenant relationship - Plea of agreement to sell the tenanted premises - Agreement to sell not registered - Protection u/s 53-A TPA not available - Relationship between parties is that of landlord and tenant - Defendant does not have a valid grievance with the..........
Transfer of Property Act, 1882, Section 114 -- Benefit of provision of S.114 of Act - Tenant while claiming benefit of S.114 of the Act has to plead and establish that lease under which he holds demised premises contains a term that in the event of certain default in payment of rent, lease might be terminated and that plaintiff has based his claim on lease having been..........
