Transfer of Property Act, 1882, Section 106 -- Property in possession of tenant - Suit for possession - Owner of the property is always the landlord, even if he fails to prove the relationship of landlord and tenant between the parties - Owner after issuing valid notice u/s 106 PTA can always seek possession from the person in occupation...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Eviction petition - Compromise between parties - Eviction order passed on basis of compromise whereby tenant was to vacate premises after 3 years and 6 months - Tenant failed to vacate within stipulated time - Landlord filed execution petition - Plea of tenant that decree passed on the basis of compromise is a nullity - Held,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Relationship of landlord and tenant - Plea of tenant that he is a licencee as landlord who is closely related to him had given the shop on licence basis out of love and affection - Plea repelled - Tenant failed to show what was the exact relationship...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Eviction petition - Ground that premises have become unfit and unsafe for human habitation - Expert witness examined at the behest of landlord found that 100% of batons used in roof were moth eaten and termite effected - Deposition of expert witness supported by testimony of professional photographer -..........
Rent and Eviction -- Company - Amalgamation with another company - Amalgamating company (Transferor Company) loses its identity - It amounts to amalgamating company inter alia transferring its right under the lease even if it be considered as an involuntary transfer - It amounts to sub letting when it is without the written consent of the landlord and would result in..........
Rent and Eviction -- Premises let out by one company to another company - Eviction order passed on ground of bonafide requirement - During pendency of revision petition landlord company merged with another company - Amalgamated company is entitled to the benefit of eviction - Further held, (a) the rights of the landlord are to be determined as on the date of ejectment..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - After retirement landlord joined service on contractual basis - Held, by no stretch of interpretation can it be suggested that a post-retirement assignment, which too is contractual in character and terminable on a month notice, would be covered by the provisions aforementioned...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 108 -- Lease of property of more than one year - Deed requires registration but not registered - Lease deed stipulated that tenant is not entitled to do any work upon property - Landlord failed to carry out repairs despite notice - Held, tenant is entitled to carry out repairs - A term under an..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Change of user - Every change of user is not actionable - It is only the change which impairs the utility of the building or which causes hardship to the landlord is actionable...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Leave to defend - Personal necessity - In leave to defend tenant disputing relationship of landlord and tenant but failed to state as to who is the owner of demised premises - However, landlady placed on record will executed by her grandmother in her favour, mutation letter, house tax receipts and copy of complaint..........
