Rent and Eviction -- Rent deed - Registration - Rent payable monthly - There is presumption that tenancy is monthly tenancy - From cumulative reading of rent note the intention of tenant is more than clear that tenancy was only monthly tenancy, which could have been terminated on default of payment of rent by 5th day of any month or by notice of one month - Rent deed did..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12(3) -- Rent and eviction - Arrears of rent - Non-deposit of admitted arrears of rent - No separate notice required to be issued to tenant to enable him to show sufficient cause for not depositing admitted arrears of rent - As on date stipulated for effecting such payment by virtue of order passed u/s 12(1)(2)..........
Rent and eviction -- Notice for eviction - Landlord filed photocopy of receipt of having sent notice under certificate of posting along with an affidavit, which was accepted by Presiding Authority - Further there is clear admission of tenant that appellant was his landlord and subsequent act of tenant depositing rent u/s 30(1) of Rent Control Act, would show that there..........
Rent and eviction -- Notice for eviction - Mere receipt of notice having been sent under certificate of posting in itself may not be sufficient proof of service, but if same is coupled with other facts and circumstances which go to show that party had notice, same could be held to be sufficient service on party...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b) -- Eviction petition - Arrears of rent - Landlord had issued notice to tenant demanding him to pay arrears of rent - Despite issuing reply notice, tenant not paid admitted arrears of rent - Tenant rightly evicted...........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Suit for injunction filed by tenant - Tenant had continued in suit property for more than six years after determination of lease due to efflux of time by creating story about illegal threat of eviction by landlord - He instead of vacating premises filed suit for injunction..........
Rent and eviction -- Arrears of rent - Acceptance of arrears of rent from tenant or his representative does not create a new tenancy - Such acknowledgement can also not be treated as continuation of subsisting tenancy which was previously determined by a notice to quit and followed by decree of eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material alteration - Landlord examined advocate who was appointed as a Local Commissioner - He proved his report and stated that he visited spot after issuing notice to both parties and proved site plan - Courts below rightly recorded the finding that petitioner had carried out material..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Once Court of Rent Controller chose to issue notice to tenant and tenant has already died, it was incumbent on Court to direct landlord to file an application for bringing on record legal heirs...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b) -- Eviction petition - Default in payment of rent - Cause of action u/s 11(2)(b) of the Act is a recurring cause of action, whenever the tenant causes default in payment of rent and failed to pay arrears of rent, in response to demand notice u/s 11(2)(b) of the Act - Therefore, earlier petition filed u/s..........
