Rent and Eviction -- Rate of rent - Purchase of building by appellant not disputed - Erstwhile landlord issued a letter of attornment of tenancy indicating rent of Rs.3200/- p.m. addressed to tenant with a copy marked to the appellant - High Court held that this letter of attornment of tenancy was not sufficient to prove the monthly rent to be Rs.3200/- - Held, High Court..........
Rent and Eviction -- Mesne profits - Date from which payable - After passing decree of eviction tenancy terminates and from the said date landlord is entitled for mesne profits or compensation depriving him from the use of premises...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of lease - On determination of lease by efflux of time, no further termination of tenancy by issuing a statutory notice to bring termination of a lease already terminated is necessary...........
Rent and Eviction -- Joint tenants - Partition of tenancy rights - Joint tenants have right to partition in the tenancy rights...........
Rent and Eviction -- Joint tenants - Partition of tenancy rights - Commercial property - Death of original tenant - One of the joint tenants in actual and exclusive possession and he during pendency of case surrendered tenancy rights and he also handed over the possession of property to landlord who let it out to appellant and at present appellant is in possession of..........
Transfer of Property Act, 1882, Section 106 -- Notice - Tenancy was a monthly tenancy - Notice therefore u/s 106 of the Act for a period of 15 days was mandatory - Suit for eviction was filed much after expiry of 15 days from date of service of notice - Mandatory requirement of S.106 of the Act is duly complied with - Tenant rightly evicted...........
Lease/Tenancy -- Surrender of tenancy - Twin conditions that make a valid surrender of tenancy are not fulfilled - Neither landlord nor persons who purchased land from her pleaded or proved that notice in writing was issued to them by tenant followed by inquiry conducted by Special Officer culminating in an order accepting such alleged surrender - Findings of district..........
Lease/Tenancy -- Surrender of tenancy - Lease between landlord and tenant was subsisting and continuing as per order passed in compromise between parties - Being an admitted document, recording an incontrovertible fact, burden is on landlord to prove that tenant`s tenancy had been terminated or surrendered in a manner known to law, which he failed to do so - Findings..........
Lease/Tenancy -- Right of tenant to purchase tenanted property - Tenant stated that landlord orally offered him to sell the lands and he paid full consideration - Documents in question categorically referred to sale transaction, clearly spelling out that amount was towards an installment payable as consideration for purchase of property - Contention of landlord that said..........
Adverse possession -- Tenancy right and adverse possession - Both the pleas are mutually destructive and inconsistent, thus, cannot be sustained...........
