Transfer of Property Act, 1882, Section 106, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Uttar Pradesh Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Section 20 -- Eviction - Determination of tenancy - Effect - Held, mere determination of tenancy does not render a tenant liable for eviction or dispossession by conferring any..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2), 11(3), 11(4)(i), 21 -- Bona fide requirement - Eviction order against tenant - Effect on sub-tenant - Held, order of eviction passed u/s.11(3) even if it is only against original tenant, would ipso facto fasten liability on sub-tenant under tenant to be thrown out in execution of that order of eviction...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage with conditional sale or outright sale - Entire ownership, right, title and interest transferred - Conditions of S.58(c) of the Act not mentioned in the document - Defendant in possession of entire house except the ground floor in which plaintiff is tenant - Merely because rent-note was executed on the same day,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Ejectment - Sub-letting - Chief examination of landlord - Contradiction - Effect - Petition was filed on an express ground of sub-letting - Ex parte evidence taken and Court ordered eviction initially and later set aside on the ground that statement given by landlord cannot be taken as fully established when he..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Sub-letting - Contention that tenant was merely associating himself with another member of family and allowed his younger brother to carry on business in demised premises and there was no sub-letting at all - Held, nothing would have stopped tenant from apprising landlord about change in business and..........
Rent and Eviction -- Time to vacate premises - Landlord had already secured possession of property after ex parte order of eviction was passed and secured back possession of property - Held, under such circumstances, there is not even any need for making provision for time for eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 2(12) -- Eviction - Mesne profits - Determination of - Held, Court to make a fair estimate keeping in view circumstances which have been placed on record - One of parameters which Court can consider is testimony of landlord - In present case, year of eviction is 2006 -..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- License - Defendants occupying the disputed premises on the basis of permission granted by its owners, without any condition to pay any rent - Held, this kind of license need not be written, signed and registered - It may be oral or it may be implied by the relationship or actions of the..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or license - No lease nor any rent deed - It is nothing more than a license, which means to give a license or permit a person to occupy when the land owner allows to do work or perform an act on the land owner's property...........
Criminal Procedure Code, 1973, Section 107, Constitution of India, 1950, Article 226 -- Police protection - Entitlement to - Petitioner staying with family in flat illegally, without any authorization, without paying rent, without paying even maintenance - Flat owner or his representative, or even association, if permitted, with all legitimacy can force petitioner out of..........