Rent and Eviction -- Bona fide requirement - Mere desire of the landlord to live separately from his father - Mere desire to live separately is not a valid ground for eviction of the tenant - Landlord must set out his need in his petition and establish that such need is bona fide. (Tamil Nadu Building (Lease and Rent Control) Act, 1960, S.10(3)(a)(i)..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 25 -- Revision - Scope of power of High Court - Where a finding arrived at by Courts below is based on no evidence, High Court would be justified in interfering with such a finding recorded by the Courts below...........
Transfer of Property Act, 1882, Section 111(6) -- Lease - Doctrine of implied surrender - Test - When certain relationship existed between two parties in respect of a subject matter and a new relationship has come into existence regarding the same subject matter, the two sets cannot co-exist, being inconsistent and incompatible between each other, i.e. if the latter can..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 3, 22 -- Lease property - Enhancement of rent - Shops leased out by Administration on a monthly rent of Rs.1090 for a period of three years - Enhancement of rent before expiry of three years period - Not permissible - After expiry of three years Administration is at liberty to enhance rent...........
Capital of Punjab (Development and Regulation) Act, 1952, Section 3, 22 -- Lease property - Enhancement of rent - Obligation of Central Government to make rules - Failure to make rules would not render transfer of property made under terms of lease as illegal, void or inoperative - Central Government is expected to make rules without loss of any further time - In absence..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 3, 22 -- Failure to make Rules for purposes of regulating terms and conditions relating to transfer of property including leasing it out - Would not render transfer of property made under terms of lease as illegal, void or inoperative - Power to transfer property including leasing it out - Authorised by..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 3, 22 -- Absence of Rules regulating terms and conditions regarding leasing of property - Action of Authorities regarding terms and conditions of lease including enhancement of rent - Required to be fair and reasonable and not actuated by considerations which can be termed as arbitrary or discriminatory...........
Transfer of Property Act, 1882, Section 106 -- Notice - Month of tenancy starting from 6th day of every month - Notice that the lease arrangement is terminated by 31.8.86 or on the last day of the tenancy month as the tenant treats - Since option was given, notice is proper...........
Registration Act, 1908, Section 17 -- Lease of immovable property for more than one year reserving yearly rent - Document is compulsorily registrable - Unregistered lease of such nature rightly held inadmissible in evidence. ( Transfer of Property Act, 1882, S.107)..........
Punjab Town Improvement Act, Section 28(2), 36, 37, 38, 39, 40, 41, 42 -- Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975, Rules 2(a) and 7(ii) - Allotment of alternative sites - Improvement Trust passed resolution to purchase land from owners by negotiations and to allot alternate shop sites to all those whose land would be purchased - Land..........
