Transfer of Property Act, 1882, Section 58 -- Mortgage - Sale by plaintiff for Rs.1,000/- while he purchased property few years earlier for Rs.3,000/- - Defendant executing separate agreement to reconvey property if amount repaid within two years - Plaintiff executing rent note to pay monthly rent to defendant - Suit for redemption of mortgage - Held, transaction is..........
Transfer of Property Act, 1882, Section 108 -- Suit for recovery of rent, ejectment and damages - House in dispute not governed by Rent Act - In that case damages can be awarded at market rate - Order awarding damages at rate higher than the rate of rent - Proper...........
Civil Procedure Code, 1908, Section 21(2) -- Pecuniary jurisdiction - Suit for recovery of rent, ejectment and damages filed in Small Causes Court - Objection as to pecuniary jurisdiction raised for the first time in High Court - It is not shown that there was failure of justice on account of suit being tried by Small Causes Court - Suit was cognizable by Small Causes..........
Rent and Eviction -- Ceased to occupy - Shop - Non consumption of electricity - Evident from evidence that tenant was not using the electric connection for long time - Contention of tenant that meter was out of order has no force as there is no evidence on record to that effect - Even in the report of meter reader the words were used as 'T.P.L.' meaning thereby that the..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(i), 13, Transfer of Property Act, 1882, Section 59 -- Mortgage created and possession given to mortgagee - Interest to be paid by mortgagor to be set off against occupation of shop by mortgagee - No recital in the mortgage deed that interest to be set off against rent - Held, it created relationship of mortgagor and..........
U P Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 5, 30 -- 'Given' - Law requires that notice be given within three months from commencement of Act - It means that notice must actually be delivered within three months...........
U P Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30, 5 -- Enhancement of rent - Notice given within three months from commencement of Act but reached tenant after expiry of three months - Notice not valid - Rent cannot be increased - Notice must actually be delivered to tenant within three months...........
U P Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 3(k), 5 -- Standard rent - If landlord did not exercise option under S.5, it is still open to landlord to apply for fixation of standard rent...........
Transfer of Property Act, 1882, Section 106, 116 -- Tenancy - Holding over - No assent by landlord for continuance of tenancy after expiry of contractual tenancy - Rent not received by landlord after expiry of lease - Question of tenancy continuing by holding over or waiver does not arise...........
Civil Procedure Code, 1908, Mental Health Act, 1987, Section 52, 53, 54, 55 -- Mentally retarded person - Rent Control Authority appointed father of the person as guardian and next friend under O.32.R.1 r/w R.15 - Order is valid - Provisions of Sections 52 to 55 of Mental Health Act, 1987, are not applicable...........
