Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Tenancy of a period of three years on month to month basis - It cannot be said that parties intended to create tenancy for fixed period of three years - Rent note is not a lease deed which may require registration - It is simply a memorandum creating tenancy from month to month terminable by notice u/s..........
Transfer of Property Act, 1882, Section 106, 116 -- Tenant holding over - Eviction suit - Tenancy of month to month does not come to end by efflux of time and same comes to end only on expiration of notice to quit as per terms of S.111(h) of T.P.Act - In instant case, defendant being a tenant holding over was entitled to six months notice in terms of lease deed for..........
Transfer of Property Act, 1882, Section 109 -- Rights of lessor's transferee - Eviction suit - Transfer of ownership of premises to respondent by previous lessor results in statutory attornment by tenant in favour of lessor's transferee and relationship of landlord and tenant exists - Rights of transferee u/s 109 of Act is not curtailed or modified by T.P. Act - Neither..........
Immoral Traffic (Prevention) Act, 1956, Section 18(1) -- Closure of Brothel - Magistrate has no power for attachment of premises directly - Only on receipt of information from police or otherwise that a house is being run as a brothel, after issuance of notice to owner or lessor, he may pass orders directing eviction of occupier of house and directing before letting it out..........
Rent and Eviction -- Lease for five years - If lessee was to continue then he was required to give at least 30 days prior notice in writing to lessor of his intention to continue - No notice given - Tenancy deemed to be terminated...........
Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Defendant entered into an agreement to sell with plaintiff regarding part of tenanted property during pendency of suit - Relationship of landlord/tenant cannot came to an end on execution of agreement to sell especially in view of fact that possession was to be delivered on date of execution and..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4(1), 5(1), Constitution of India, 1950, Article 226 -- Unauthorized occupants - Ejectment - Allotment of booth by Municipal Corporation - Allottee failed to pay installments - Show-cause notice u/s.4(1) of the Act of 1971 served upon him - Eviction order passed under S.5(1) - Petitioner (tenant of..........
Rent and Eviction -- Payment of enhanced rent - Prior to expiry of lease plaintiff had given notice for continuance of tenancy at the enhanced rate claimed therein - Documents reflecting a clear understanding between the parties that tenancy agreement would continue at an enhanced rent - Claim for enhanced rent and the understanding reached was in tune with or even less..........
Haryana Housing Board Act, 1971, Section 51(1), 53A(1) -- Eviction - Non-payment of installments - Order of eviction was proceeded by four notices calling upon petitioner to deposit arrears of rent - Held, petitioner did not deserve any notice in view of Cl.2(q) of Hire Purchase Tenancy Agreement, which stipulated that no, payment of rent for more than two months would..........
, Section 14(1)(e), 25B, 80 - - - Eviction petition - Bona fide need - Requirement of service of notice on Govt. - Applicability of S.80 CPC - Held, S.25B of DRC Act is a special Code and instant eviction petition filed u/s.14(1)(e) of DRC Act on ground of bona fide requirement has to be dealt with as per specific provisions of S.25B of DRC Act - There is no scope of..........
