Transfer of Property Act, 1882, Section 106, 111 -- Quit notice - Fixed term tenancy coming to an end by efflux of time - Quit notice is not required when tenancy comes to an end by efflux of time...........
Civil Procedure Code, 1908, Section 151 -- Occupancy charges - Payment of - Defendants/petitioner directed to pay occupancy charges - Petitioner admitted to have issued a cheque in favour of plaintiff for Rs.1,50,000/- - Plea that cheque was given towards security of friendly loan and that rent was never increased to Rs.15,000 p.m. - ADJ has recorded a finding of fact in..........
Transfer of Property Act, 1882, Section 116 -- Who can claim a tenancy by holding over - Held, only a person who was inducted as a tenant and whose lease has been determined and who continues in possession with the assent of lessor, can claim benefit of S.116 of the Transfer of Property Act or principle embodied therein...........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 42(b), Indian Contract Act, 1872, Section 23 -..........
Civil Procedure Code, 1908, Section 115A, West Bengal Premises Tenancy Act, 1997, Section 17 - - Eviction suit - Order for payment of arrears of rent - Revision - "Other proceeding" - Held, an application under the provisions of S.17 of the West Bengal Premises Tenancy Act cannot be said a proceeding which is independent and distinct in its existence from the suit itself -..........
West Bengal Premises Tenancy Act, 1997, Section 17 - - Eviction suit - Order for payment of arrears of rent - Revision - Revisional Court had upset such well reasoned finding of trial Court on a perverse reasoning that the onus was on landlord to show that rent receipts were issued to tenant upon payment of rent - Held, onus is on tenant to produce the rent receipts to..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Notice terminating the tenancy should be in regard to the property leased out and not in respect of a portion of the lease...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Notice not to be read in a hyper-critical manner nor must its interpretation being crippled by pedagogic pendantism or over refined subtletly - It should not be interpreted in a manner so as to find fault with it, but only in a fashion so as to ascertain whether the individual receiving the notice understood the..........
Transfer of Property Act, 1882, Section 111 -- of the Transfer of Property Act, the right of the tenant to continue in possession of the premises comes to an end, and for any period, he continues to occupy the premises, he is liable to pay damages for use and occupation - Where tenancy is regulated by the provisions of the Transfer of Property Act, once the tenancy comes..........
Transfer of Property Act, 1882, Section 116 -- Lease - Tenancy by holding over - Mere continuance in possession after determination of the term of the lease does not create a tenancy by Holding Over - The Lease must also prove that the Lessor accepted the rent or otherwise assented to the Lessee's continuance in possession...........
