Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(l)(a), Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Rule 16(2) -- Tenant - Eviction - Application for release u/s 21(1)(a) the Act - Factors to be considered - (a) length of tenancy; (b) Availability of suitable accommodation for..........
Bihar Land Reforms Act, 1950, Section 5 -- Fixation of fair rent - Application for - No averment in plaint that plaintiffs were ex-landlord or intermediaries - No mention in plaint that defendant 1st set has been granted permanent lease by plaintiffs in suit premises - Specific case of plaintiffs that defendant 1st set is their tenant on month to month basis - Held, S.5 of..........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7 -- Quite notice - Found invalid - Service of summons of the suit for eviction of tenant showing categorical intention of the landlord asking tenant to vacate the tenanted premises can be taken as notice - Starting date for calculation of mesne profits in both the eventualities will be..........
Transfer of Property Act, 1882, Section 106 -- Amended provision - Intention of Legislature - All technical defences to the notice u/s 106 of the Act on the ground that the same was an invalid notice as the monthly tenancy was not terminated by a notice ending with the tenancy month, are done away with as long as a 15 day notice period is given to the tenant to vacate the..........
Evidence Act, 1872, Section 65, 66 -- Adverse possession - Plea of - Tenability - According to defendant No.1, he is not in possession of disputed property - He has sublet the property to defendant Nos.2 and 3 - Defendant Nos.2 and 3 have never contested the suit - They have not appeared in witness box to support case of defendant No.1 - No document of tenancy under..........
Haryana Housing Board Act, 1971, Section 74 -- Housing Board Haryana(Allotment Management and sale of Tenements) Regulation,1972 - Regn.11(4) Hire purchase tenancy agreement - Legality of demand of additional price from allottees by housing board on ground of increase in land cost due to payment of higher compensation to land owners - Hire purchase tenancy agreement..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Death of tenant - After death of tenant the tenancy devolves upon legal representatives as joint tenants and not as tenants-in-common - Eviction petition filed against one or other legal representatives of deceased tenant who is in occupation of the premises is a valid petition...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Sub-letting - Demised premises a shop having one tenancy in Jind - Tenant shifted to Delhi - Both Courts below on appreciation of evidence recorded a concurrent finding of fact that tenant handed over legal possession of demised premises to his sub-tenant after having entered into a secret arrangement -..........
Punjab Tenancy Act, 1887, Section 70, 71 -- Order of eviction - Compensation to tenant - Held, question of payment of compensation arises only if there is a statement of claim by a tenant seeking for compensation for improvement on land or for disturbance and ground providing for compensation...........
Goa, Daman and Diu Town and Country Planning Act, 1974, Section 15, Goa, Daman and Diu Agricultural Tenancy Act, 1964, Section 18H -- Tenancy - Agricultural land - Coming into force of the Land Use Act - Effect of - Held, once the Land Use Act came into force, notwithstanding anything contained in the Town Planning Act or in any plan or scheme made thereunder, a land..........
