East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Revision - Maintainability - Order of eviction on ground of default in payment of rent - As per lease entered between landlord and tenant rent payable for first year was Rs.25000/- and then Rs.28000/- to be paid for remaining period of lease - However, Rent Controller while dealing with suit for eviction..........
Transfer of Property Act, 1882, Section 105, Gujarat Municipalities Act, 1963, Section 65(2) -- Lease - Renewal - Leased property a public property and leased out at a very meagre rent - Property utilised for a purpose other than that for which it was leased out - Held, property cannot be utilised for a purpose other than the purpose for which it was leased out - Appellant..........
Transfer of Property Act, 1882, Section 105, Gujarat Municipalities Act, 1963, Section 65(2) -- Lease by Municipality - Renewal - Municipality has no authority to grant lease for a period exceeding 10 years without prior permission of State Government - Since State Government had only granted permission to lease the land till the year 2012, therefore, appellant has no..........
Transfer of Property Act, 1882, Section 105, Gujarat Municipalities Act, 1963, Section 65(2) -- Lease - Renewal of - Original lease was granted for running an oil mill - Admittedly, as on date, there is no oil mill situated on the land - Lease property is public property leased out at a very meager rent - It cannot be utilized for a purpose other than purpose for which it..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), 11(4)(iii), 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Subsequent events - If grounds were not available on date of filing of petition, it will not fall under "defect" or "error" contemplated u/S.23(1)(j) of Act - If the..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Grounds available for amendment u/O.6.R.17 of CPC is more wide than grounds provided u/S.23(1)(j) of Act - But in view of rigour u/S.23(1)(j) of Act such grounds available u/O.6.R.17 cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(1)(j) -- Amendment of pleadings - Eviction suit - Cause of action for eviction on new ground, which is intended to be incorporated by way of amendment has arisen after filing of Rent Control Petition - Said ground cannot be allowed to be incorporated by way of..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Unregistered lease deed - Property whether was given for residential or commercial purpose - Trial Court dismissed the application by holding that lease could not be looked into even for collateral purpose to determine the user of the property - Held, these are issues which are to be adjudicated upon at the time of..........
Orissa Industrial Infrastructure Development Corporation Act, 1980, Section 31 -- Resumption of land - Validity of - High Court passing order to lease out balance land - Despite receiving of advanced possession of portion of land upon payment of certain amount, MESCO failed to execute draft lease deed - More than 5 years time given to MESCO to perform its part - Deliberate..........
Orissa Industrial Infrastructure Development Corporation Act, 1980, Section 37, Indian Contract Act, 1872, Section 70 -- Resumption of land - Claim for compensation - Despite receiving of advanced possession of portion of land upon payment of certain amount, MESCO failed to execute draft lease deed - More than 5 years time given to MESCO to perform its part - IDCO entitled..........
