Evidence Act, 1872, Section 116 -- Estoppel - Ejectment of tenant - Tenant precluded from denying the title of the landlord on the principal of estoppel between landlord and tenant - Law considered it unjust to allow a person to approbate and reprobate...........
Eviction petition -- Question of title - Scope of adjudication - Ejectment of tenant sought on ground of subletting and default - Court to decide whether relationship of landlord and tenant exists - Question of title may be incidently gone into but cannot be decided finally in eviction proceedings...........
Evidence Act, 1872, Section 116 -- Eviction of tenant - Relationship of landlord and tenant - Defective title of landlord - Estoppel - Possession of tenanted premises handed over by landlord - Rent paid for sometime - Suit for ejectment filed - Tenant denying title of landlord - Landlord found not entitled to inherit property - Landlord can maintain application for..........
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Unauthorised occupant - Liable to pay rent equivalent to mesne profits with effect from the date from which they are found to have ceased to be entitled to retain possession of the premises as tenants and for such period the landlord's entitlement cannot be pegged..........
Transfer of Property Act, 1882, Section 106, 113 -- Notice to quit - Acceptance of rent after issuance of notice to quit and even after institution of suit - Held, mere acceptance of rent does not amount to waiver of notice to quit unless there is any other evidence to prove or establish that landlord so intended...........
Transfer of Property Act, 1882, Section 106, 111(h), 113 -- Notice to quit - Acceptance of rent by landlord after the said notice - Waiver of notice to quit - Mere acceptance of rent does not amount to waiver of notice to quit - There must be some act on the part of the landlord showing his intention to treat the lease/tenancy as subsisting...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Non residential building - Bona fide requirement - Landlord can seek eviction of a tenant from a non residential building on the ground that he requires it for his own use...........
Punjab Tenancy Act, 1887, Section 5, 8, Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 2(f), 2(3) -- Tenants having right of occupancy - Vesting of proprietory rights in occupancy Tenants - Suit filed alleging that as per local custom plaintiffs/Tenants became full fledged owners by acquiring occupancy rights under Sec. 5 and 8 of the Act of..........
Karnataka Rent Control Act, 1961, Section 21(1)(h) -- Eviction suit - Landlord under Rent Act can maintain a suit for eviction even without being owner of premises...........
Karnataka Rent Control Act, 1961, Section 21(1)(h) -- Eviction suit - Bonafide requirement - Death of landlord during pendency of appeal - Contention of tenant that on death of landlord right to sue does not enure to benefit his daughter because requirement pleaded by landlord was not for the benefit of daughter - Said contention not tenable...........