Rent and eviction -- Voluntary attornment - Relationship of landlord and tenant between tenant and sub-tenant does not come to an end on the voluntary attornment of sub-tenant to original owner...........
Transfer of Property Act, 1882, Section 105 -- Lease - Non-payment of rent - Plaintiff being a lease holder of suit property sub let the property to defendant with permission of original lessor - Prima facie relationship of landlord and tenant had established between plaintiff and defendant - Mere plea of voluntarily attornment to original lessor and mere fact that..........
Transfer of Property Act, 1882, Section 105, 106, Evidence Act, 1872, Section 61, Registration Act, 1908, Section 17 -- Lease - Unregistered - Relationship of landlord and tenant established by other evidence available on record - Non-registration of lease agreement is immaterial for establishing relationship of parties as landlord and tenant...........
Suit for possession and damages -- U, authorized occupation - Plaintiff proved her ownership over suit property and which fact not countered by defendant - Suit property was never let out to defendant and he was u, authorisedly living in the same - Defendant has taken contradictory stand by claiming to have gained ownership by way of adverse possession at one instance and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Leave to defend - Defence of tenant is that requirement of landlord not bonafide and he is interested in increasing the rent - However, landlord in his notice clearly stated that amount of rent was substantially lower than market rent and as such taxes and charges applicable on the..........
Delhi Rent Control Act, 1958, Section 19, 38 -- Rent and eviction - Suit for possession by landlord - Power of Rent Control Tribunal - Power is though limited to substantial question of law, but where finding is based on no evidence or relevant and admissible evidence is not taken into consideration or legal principles wrongly applied or material evidence is misread,..........
West Bengal Premises Tenancy act, 1956, Section 17(2), 17(3), Constitution of India, 1950, Article 227 -- Rent and eviction - Recovery of possession - While disposing application u/s 17(2) of the Act, Court shall be careful to find out whether relationship of landlord and tenant exists between parties or not - However, in the instant case, trial Court ignored this main..........
Rent and eviction -- Finding of civil Court regarding relationship between parties is binding on Rent Controller - Tenant having denied the title of his landlord has disentitled himself from seeking protection of Rent Act and consequently liable to be evicted on this ground...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125 -- Eviction - Mesne profit - Interest - After rate of contractual rent comes to an end on eviction order being passed, tenant is liable to pay mesne profits - However, it is for Courts to make balance between mesne profits at market rates and reasonable..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 13 -- Repair of damaged shutter - Allowed by trial Court but declined by Appellate Court on the ground that tenant is habitual defaulter in the matter of payment of rent and that estimate has not been prepared - Landlord directed to repair-replace the shutter of the shop premises within a month failing which tenant..........
