East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Sub letting - Premises let out for 10 years with permission of sub letting - Tenant crating sub tenancy - Expiry of 10 years - If sub tenant continues in possession even after the expiry of the period of lease, then tenant would be guilty of sub letting...........
Transfer of Property Act, 1882, Section 106, 107, 116 -- Lease for 20 years - Term in lease deed for its renewal for two terms of 10 years thereafter - Lease deed not executed for further period of 10 years after expiry of lease - Lessee continued to hold the property and lessor accepted the rent - Lease does not continue on the same terms and conditions for further period..........
Transfer of Property Act, 1882, Section 105 -- Lease - Extension of lease and renewal of lease after expiry of lease period - Execution of fresh lease deed - In the case of extension, it is not necessary to have a fresh deed of lease executed as the extension of lease for the term agreed upon shall be a necessary consequence of the clause for extension - However, option..........
Transfer of Property Act, 1882, Section 106, 116 -- Whether fresh lease deed is required to be executed after expiry of initial period of lease when the lease deed contains a clause for extention of lease at the option of lessee. Held - No. Lalji Tandon's case, AIR 2004 SCC 32 relied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques issued in advance towards future rental liability - Premises taken on rent - Premises vacated before the expiry of lease period in breach of agreement - Held, there is no legal obligation on the part of accused to effect clearance of cheque issued towards the rental liabilities for the period he..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4 -- Ejectment - Expiry of lease - Land taken on lease in open auction for period of one year - Expiry of the period of one year - Possession not as a tenant or a lessee but illegal possession - Ejectment order upheld...........
Rent and Eviction -- Statutory tenant - Lease of land - Rent Act applicable to buildings and not to lease of land - After expiry of lease period tenant does not become statutory tenant. (Pondichery Buildings (Lease and Rent Control) Act, 1969, S.2(4)...........
Transfer of Property Act, 1882, Section 116 -- Lease - Acceptance of rent after expiry of lease period - Held, mere acceptance of rent for the subsequent months in which the lessee continued to occupy the lease premises cannot be said to be a conduct signifying `assent' to the continuance of the lessee even after expiry of lease period...........
Transfer of Property Act, 1882, Section 106, 116 -- Expiry of lease period - Landlord has no right to enter his own building - Landlord can evict tenant through due process of law only i.e. by filing a suit or other proceedings - Even when tenant is in arrears of rent landlord has no right to evict the tenant forcibly or put a lock on the same...........
Constitution of India, 1950, Article 299 -- Lease of land - Contract between private individual and Government - Expiry of lease - Suit for possession on expiry of lease period of 50 years - Plea that defendant appellant became statutory tenants and appropriate proceedings under the East Punjab Urban Rent Restriction Act,1949 are required and not suit for possession..........