West Bengal Premises Tenancy Act, 1997, Section 2(g) -- Eviction order - Death of tenant - Entitlement of protection to spouse of deceased tenant - Non-residential premises - Right of spouse not included so far non-residential premises is concerned in recognizing right of preference for tenancy in fresh agreement in respect of premises - Such exclusion of a spouse of a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction sought in respect of property as thika tenancy - Thika tenancy is to be entertained by Thika controller - No civil Court shall have jurisdiction to decide or deal with any such matter which required to be determined by Controller - Suit is..........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 97, 99, 100 -- Execution - Eviction decree - Third party objection - No privity of contract between DH and appellant with regard to tenancy in respect of disputed shop - Relationship between lessor and lessee between DH and JD was established - Appellant is a third ranked party in respect of landlord-tenant..........
West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Eviction - Non-deposit of arrears of rent - Protection against eviction - Deposit of rent along with an application for determination of dispute is a pre-condition to avoid eviction on ground of no, payment of arrears of rent, as provisions of S.7(2) of the Act are mandatory and..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Eviction petition - Bonafide necessity - Leave to defend - Landlord has merely stated that first floor is rented out and rental of three shops on first floor is source of income for landlord - No material has been placed on record to show that shops are occupied by tenants - Landlord has not even mentioned in..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Civil Procedure Code, 1908, Section 92 -- Eviction petition - Bonafide necessity - To maintain a petition u/s 14(1)(e) of the Act landlord does not have to show absolute ownership but is required to show a better title than tenant - Further a tenant who admits his tenancy and even admits relationship of landlord-tenant cannot..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Eviction petition - Bonafide requirement - Leave to defend - Fresh tenancy has been created in favour of tenants, just few months prior to filing of eviction petition - Questions as to whether portion of property is available or not and whether property is more suitable or plea of petitioner that there is no need..........
Mohammedan Law -- There is no concept of jointness of ownership of properties of deceased Mohammedan - No joint tenancy in Mohammedan law and heirs are only tenants-in-common...........
Maharashtra Tenancy and Agricultural Lands Act, 1948, Section 32F(1)(a) -- Right of tenant to purchase land - Words `of fact that landlord has attained majority..' used in S.32-F(1)(a) of the Act - S.32-F(1)(a) of the Act, referred to three categories of landlords i.e minor, a widow, or a person subject to any mental and physical disability - Words added by 1969 amendment..........
H.P.Tenancy and Land Reforms Act, 1974, Section 104(8), (9) -- Non-occupancy tenants - Propriety rights - Property admittedly belongs to idol, who is perpetual minor, therefore, no proprietary rights qua suit property can be conferred on any person in terms of S.104(8), (9) of the Act...........
