Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12 -- Rent and eviction - Arrears of rent - Whether S.12(1) of the Act casts an obligation on tenant to pay admitted arrears of rent in order to contest an appeal filed challenging an order u/s 12(3) of the Act - Such an obligation can be attracted only if S.12(1) of the Act provides it statutorily - S.12(1) of..........
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)..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13, Civil Procedure Code, 1908, Order 2, Rule 2 -- Eviction - Ground of default in payment of rent - Institution of second suit after dismissal of first suit for eviction - Bar as to - Tenant admitting rent dues to owner and later rent accumulated pending first suit - Default in payment of rent dues..........
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...........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 14(3) -- Rent & Eviction - Premises when let out for commercial or business purpose - Suit does not lie against a tenant on the round of reasonable and bonafide requirement of landlord before expiry of five years from the date the premises were let out to tenant for commercial or business purposes...........
Land Acquisition Act, 1894, Section 4, Civil Procedure Code, 1908, Section 11 -- Res judicata - Findings in award of Reference Court that lease stood determined for non-payment of rent - It is a finding by Reference Court for limited purpose i.e. not to accept tenant's claim for compensation - Issue before Reference Court decided against tenant for limited purpose of..........
Transfer of Property Act, 1882, Section 116 -- Tenant at sufferance - Expiry of lease - If lessor accepts payment of lease money from tenant then S.116 confers status of tenant holding over on yearly or monthly basis - After expiry of lease period, and in absence of payment of rent by lessee, status of lessee would be that of tenant at sufferance and not tenant holding..........
Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111 -- Suit for possession by landlord - Failure of tenant to prove forfeiture of tenancy prior to expiry of lease period - Mere non-payment of rent does not amount to forfeiture of tenancy - However it only confers right on landlord to seek possession - Landlord filing suit within 12 years..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Bonafide requirement - Death of landowner during pendency of revision petition - Once statute itself recognizes necessity of not only owner but also of persons ordinarily residing and dependent on him or her death of landowner during pendency of revision petition would not adversely affect rights..........
