Rent and eviction -- Arrears of rent - Acceptance of arrears of rent from tenant or his representative does not create a new tenancy - Such acknowledgement can also not be treated as continuation of subsisting tenancy which was previously determined by a notice to quit and followed by decree of eviction...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101, West Bengal Premises Tenancy act, 1956, Section 13 -- Eviction order - Execution of - Objection by vendee - Suit property originally leased to partnership firm - Eviction order passed against partnership firm - Vendee purchased business of firm with all its assets and liabilities after eviction order -..........
West Bengal Premises Tenancy Act, 1997, Section 2(g) -- Title suit - Tenant - Order granting occupational charges - Challenge as to - Petitioner inherited tenancy from his father upon his death - Deposition of rent with Rent Controller upon refusal to receive the same on being lawfully tendered - Since schedule premises being situated within prime locality, quantification..........
Goa, Daman and Diu Agricultural Tenancy Act, 1964, Section 56, 4, 3, 2(kkk), Goa, Daman and Diu Administration of Evacuee Property Act, 1964, Section 32 -- Evacuee property - Claim of tenancy - Respondent has not claimed tenancy directly from custodian - However, by virtue of S.3 of Goa, Daman and Diu Agricultural Tenancy Act, provisions of Act made applicable only to..........
Rent and eviction -- Surrendering of tenancy - Demolition of dilapidated building - Since letter of surrender of tenancy remains unquestioned and document by which a fresh tenancy was allegedly created fails, the legal effect is that the tenancy has been surrendered unequivocally and unreservedly without tenants possessing any further right in respect of property in..........
Joint Tenancy -- Connotes four idea:- (i) unity of title; (ii) unity of possession; (iii) unity of interest and (iv) unity of commencement of title...........
Hindu Succession Act, 1956, Section 19(b) -- Joint tenancy - If two or more heirs succeeded together to the property of an intestate, they shall take property as tenants-in-common and not as joint tenants - However, where some of heirs of original tenant after death of original tenant had exercised their right of tenancy to exclusion of others relationship between such..........
Tenancy -- Relinquishment of right - Once mother of defendant as legal heirs of original tenant had relinquished her right in tenancy in favour of her brother, then her son cannot claim any such right...........
Constitution of India, 1950, Article 227, West Bengal Premises Tenancy Act, 1997, Section 7(1), 7(2) -- Suit for ejectment - Order of deposition of arrear of rent - Defendant filed 2 subsequent sets of applications u/ss.7(1) and 7(2) of the Act for re-letting premises - Trial Court fixed dates for clarification of situation as confusion occurred due to 2 applications -..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i), 10(3)(e)(i), 19, Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971, Section 29 -- Eviction proceedings - Tenancy - Review application - Reviewing common order in which revision petition was dismissed - Though there was no bar for initiating proceedings before rent controller under..........
