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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- NRI landlord - Seeking eviction of tenant to start business in the tenanted premises - Petition opposed by tenant that landlord was an elderly person and since his family members and relatives are living in Canada, hence elderly person cannot run business singularly - Contention not tenable - Held, NRI..........
Civil Procedure Code, 1908, Section 9 -- Suit for possession - There is no relationship of landlord and tenant between plaintiff and defendant - Suit for recovery of possession is maintainable in civil Court...........
West Bengal Premises Tenancy Act, 1997, Section 17(4A), 20 -- Fixation of fare rent - Premises let out for commercial purposes at the monthly rent of Rs.2250/- - Tenancy subsisting for more than 20 years - Landlord served notice u/s 20 of the Act on the tenant indicating his intention to increase the rent five fold - Landlord contended that S.17(4-A) contemplates automatic..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction order - Execution - Petitioner claiming to be a direct tenant - Rent alleged to be paid through cheques and also directly to a son of the landlord - However, there is no evidence to prove the same or that landlord had uncashed the cheques - No document to prove relationship of landlord and tenant..........
