Land Acquisition Act, 1894, Section 4, 5A -- Land acquisition proceedings challenged by lessee - Lease deed executed after issuance of notification u/s 4 - No objections filed - Award announced - Acquisition proceeding attained finality - Lessee has no right to challenge acquisition proceedings...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - In a suit for specific performance of contract only the vendor and vendee or lesser or lessee as the case may be are necessary and proper parties - Third party can only be impleaded if due to subsequent event the third party gets vested right in the suit property...........
Transfer of Property Act, 1882, Section 106, 107, 116 -- Lease for 20 years - Term in lease deed for its renewal for two terms of 10 years thereafter - Lease deed not executed for further period of 10 years after expiry of lease - Lessee continued to hold the property and lessor accepted the rent - Lease does not continue on the same terms and conditions for further period..........
Transfer of Property Act, 1882, Section 108(f) -- Lease - Section 108(f) casts an obligation upon the lessor to carry out necessary repairs in the leased out premises and if he fails to do so, the lessee is entitled to make such repairs himself and deduct the expenses of such repairs from the lessor...........
Transfer of Property Act, 1882, Section 108(e) -- Lease - Where on account of acts of God, like fire, flood etc., the leased out property or any material part thereof, is wholly destroyed or rendered substantially and permanently unfit for the purposes for which it was let, the only option given to the lessee is to get the lease declared as void to the extent of such..........
Transfer of Property Act, 1882, Section 108(p) -- Lease - Lessee, without the lessor's consent, cannot erect on the property any permanent structure except for agricultural purposes...........
Transfer of Property Act, 1882, Section 108 -- Rights and liabilities of lessor & lessee - Unauthorised construction carried out by tenant/lessee without permission of landlord/lessor - Suit for mandatory injunction for removal of unauthorized construction - Tenant/lessee had no authority to raise construction/permanent structure without consent of landlord/lessor. Haryana..........
Rent and Eviction -- Rent payable monthly - Lessee required to pay municipal and other local taxes - Such taxes payable annually or after every six months - Contention that rent is payable not each month but after six months - Not tenable - Payment towards municipal and other taxes does not make it part of rent though it may be consideration for the grant of lease -..........
Transfer of Property Act, 1882, Section 105 -- Lease - Lessee having right to make construction and assign to third parties - Accordingly lessee make constructions and assigning to third parties - Decree of possession against lessees - Assignees not bound by decree - They acquired independent status...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 7 -- Ejectment of lessee from shop ordered on account of non payment of rent - Lessee disputing arrears of rent claimed at enhanced rate - Undertaking to pay outstanding amount @ Rs. 450/- p. m. - Orders of ejectment to be deemed quashed, after payment of outstanding amount within four..........