Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111, 107 -- Tenant in secured asset - Protection - Objectives of SARFAESI Act coupled with Transfer of Property Act and Rent Act are reconciled in following manner:- a) If a valid tenancy under law is in..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 65A, 111 -- Tenant in secured asset - Protection - Tenant in sufferance - As per tenant he was inducted in secured asset on oral agreement and said tenancy impliedly does not carry any covenant for renewal -..........
Transfer of Property Act, 1882, Section 106 -- Determination of tenancy - Suit for recovery of possession - Arrears of rent - Payment or non-payment of arrears of rent in advance would be of no consequence for deciding entitlement of respondent to seek recovery of possession of suit property on basis of determination of tenancy of appellant in view of notice issued by..........
Transfer of Property Act, 1882, Section 106 -- Determination of tenancy - Notice - Plea of advance payment of rent - Non-sending of reply to notice is also a circumstance to negate plea of appellant that he had paid advance rent...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Alternate accommodation - Shop under tenancy of tenant opens on to highly commercial road and other shop which is alleged to be in possession and lying vacant in possession of landlords is a small shop opening in a black narrow lane - When shop under tenancy of tenant is compared with..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4) -- Sub-tenancy - Act does not recognize rights of objectionable sub-tenant...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration, permanent and mandatory injunction - Ownership of erstwhile owner of property stood extinguished automatically by coming into force of H.P. Tenancy and Land Reforms Act and it was defendant being tenant who was owner thereof - He is thus, not owner of property on the date..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3) -- Rent and eviction - Non-payment of rent - Partial surrender of premises - Split up tenancy arrangement sought for by bank and partial surrender of first floor and second floor of tenanted premises was per se illegal and wrong therefore, bank is liable to pay rent taking monthly rent of tenanted..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Eviction decree - Objection by sub-tenant - Sub-tenant though established his exclusive possession, but failed to establish payment of rent to original tenant - Payment of rent is essential element of lease or sub-lease - In the absence of same, no tenancy or sub tenancy can be proved - Objection rejected...........
Suit for possession - - Tenant whose tenancy stands terminated, cannot be permitted to continue in tenanted premises, merely on account of his having filed a suit for specific performance in respect of said tenanted premises...........
