Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Tenancy of a period of three years on month to month basis - It cannot be said that parties intended to create tenancy for fixed period of three years - Rent note is not a lease deed which may require registration - It is simply a memorandum creating tenancy from month to month terminable by notice u/s..........
Criminal Procedure Code, 1973, Section 195, 340 -- Tampering with record of Rent Controller - Rent Controller is not a Court and cannot make a complaint u/s 340 Cr.P.C. - Complaint can be made only by a private party...........
Rent and Eviction -- Bona fide requirement of shop for son who was unemployed - One witness stated that landlord attempted to sell the property - Held, his statement cannot be said to be reliable unless such fact is supported with documentary proof - No document on record to support the bald statement of such witness to dislodge the case of bona fide requirement of shop..........
Rent and Eviction -- Bona fide requirement of shop in question for son who was unemployed - Merely because one of sons of landlord was running his business that too in a rented accommodation in a shop opposite to disputed shop, it cannot be said that need of landlord was not bona fide...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Self acquired property of parents-i, law - Daughter-i, law has no right to continue to occupy the same against wishes of her parents-i, law - Wife is entitled to claim a right in a shared household which means a house belonging to or taken on rent by husband or house which belongs to joint family of which..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Self acquired property of parents-i, law - Daughter-i, law has no right to continue to occupy the same against wishes of her parents-i, law - Wife is entitled to claim a right in a shared household which means a house belonging to or taken on rent by husband or house which belongs to joint family of which..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2(3), 151 -- Amendment of plaint - Suit for recovery of physical possession of suit property - Amendment sought to claim damages and mesne profits towards rent and hire charges - Amendment sought will avoid multiplicity of proceedings and cause no prejudice to defendants - Plaintiffs..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Possession with respect to tenanted premises - Tenancy admitted - Since rent is more than Rs.25,000/- as such protection of Rent Act is not available - Monthly tenancy terminated by notice u/s 106 TPA - Service of summons in suit can be taken as notice u/s 106 TPA - Court committed gross illegality in..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Revision - Power of High Court to interfere with finding of fact of first appellate Court - High Court cannot interfere with finding of fact of First Appellate Court/First Appellate Authority if on appreciation of evidence, its view is different - High Court in revisional jurisdiction can consider the..........
Partition -- Leasehold land - Leasehold rights in the land underneath the property are to subsist in the parties in equal undivided share - It is only the superstructure which is to be divided - Partition not to affect the payment of rent under the perpetual lease deed which is not to be divided/sub divided...........
