Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for ejectment and recovery of rent - Competent...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Decree for possession - Execution - Obstruction - Pending obstruction application, declaratory suit by obstructor for tenancy rights - Decree holder's claim in suit for delivery of possession & mesne profits at market rate - As execution of decree for possession takes long time as such a person who is holding over the..........
Transfer of Property Act, 1882, Section 106 -- Acceptance of rent - Waiver of notice - After institution of the suit, plaintiffs received the amount for use and occupation of the suit premises - Mere acceptance of rent by the landlord does not amount to waiver of notice to quit under Section 106 of the Transfer of Property Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Property admitted to be taken on rent as joint partners - Amendment sought to take the plea that the property was let to their father and now they carry on the business in it being members of the Hindu Undivided Family - As it changes the nature of the defence, as such amendment declined...........
Rent and Eviction -- Relationship of landlord and tenant when property acquired - Relationship does not come to an end until actual physical possession of the demised premises is taken over in land acquisition proceedings and until entire compensation amount is paid to owner of the building - Tenant is liable to pay rent to landlord and not entitled to recover rents..........
Karnataka Rent Control Act, 1961, Section 50(1), Civil Procedure Code, 1908, Section 115 -- Revision - Scope of High Court's power under the two statutes - Comparison...........
Indian Penal Code, 1860, Section 406, 408, 409 -- Managing Director given rent free furnished flat, to use it till he was with the Company - Expiry of his period of appointment - Failure to hand-over possession of flat by him - Company filed complaint against him under S.630 of Companies Act and Ss.406, 408 and 409 IPC - Magistrate discharged appellant on ground that..........
Transfer of Property Act, 1882, Section 106, 113 -- Notice - Waiver - Notice terminating tenancy issued - Rent received even after institution of suit - Waiver of notice - Such receipt of money being only a circumstance not conclusive of waiver - Sole criterion for waiver being intention of landlord to continue and treat the lease subsisting - Landlord having no..........
Rent and Eviction -- Bonafide requirement - Plea of tenant that landlord is having another premises of his own in adjoining part of very same suit premises - Not sustainable - There is clear finding recorded by Rent Controller and appellate Court that accommodation available with landlord in the building is insufficient - Eviction order upheld. (C.P. and Berar Rent Control..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff on the basis of rent - note claiming permanent injunction restraining defendant from construction work for opening up a door and a ventilator towards tenancy premises - During pendency of suit suitable arrangement has to be made for preserving and protecting interests of parties in relation to premises - Order to..........
