Evidence Act, 1872, Section 67, 45, 47 -- Eviction of tenant - Execution of decree - Sale deed executed by landlords transferring property - Execution obstructed by sub tenants - Obstructionists relying on rent receipts alleged to have been executed by Landlords in their favour in respect of structures on the suit property - Vendee of said property had specifically denied..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Tenant inducted for a fixed period on Shamilat Deh land belonging to Gram Panchayat - Upon expiry of period of tenancy - Tenancy stands automatically determined by efflux of time - No action on part of landlord by way of notice to quit or the like is necessary - Duty of tenant to hand over possession..........
Hindu Law -- Religious property - Licensee of deity by Shebait - Suit by Shebait without impleading the Deity is maintainable for the eviction of Licensee - Plaintiff acts as Shebait of the Deity in filing the suit...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement of sale between landlord and tenant - Possession as owner to be given at the time of sale deed - Nothing was done on part of tenant in furtherance of said agreement and nothing on record to show that he ceased to be a tenant - Tenant cannot take advantage of doctrine of part performance - Order of..........
East Punjab Urban Rent Restriction Act, 1949, Section 3 -- Notification dated 22.10.71 exempting newly constructed buildings in 1968, 1969 and 1970 in Haryana from Rent Act for a period of 5 years from the date of its completion - Building constructed in December 1968 - Five years period of exemption comes to December 1973 - Thereafter eviction to be sought under Rent Act..........
Transfer of Property Act, 1882, Section 111(g) -- Absence of forfeiture clause in lease - deed - Eviction during subsistence of tenancy - Not permissible - For entitling lessor to treat lease as forfeited - Necessary that lease should contain express provision that on breach of such and such condition, lessor would be entitled to re - enter - Unless there is express..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - Eviction petition - Third party disputing title over suit property - Cannot be added as party as in suit for eviction investigation of title is not warranted by law...........
Rent and Eviction -- Sub-tenancy - Proof - To prove sub-tenancy two essential conditions to be satisfied are (1) That sub-tenant was in exclusive possession of property; (2) That between the sub-tenant and chief tenant there was relationship of lessee and lessor - In the instant case first condition fulfilled but not the second - Held, sub-tenancy not proved...........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 4,5,7,9,17(2)(f) -- 'Framing of issues' and/or specifying 'points for determination' - Not prohibited by specific language or by necessary implication to provisions of the Act - Facts where raise serious disputes with regard to ownership of property etc. - Framing of 'points for determination' -..........
Rent and Eviction -- Respondent purchased property - Notice through Advocate to appellant to pay arrears of rent - Cheque sent in the name of Advocate - Refused - Fresh cheque of entire amount of rent sent in the name of respondent/landlord - Respondent refused to accept it - Amount then tendered by money-order was also refused - Held, appellant cannot be said to be..........
