Agreement to sell -- Between landlord and tenant - Tenant allowed to continue as tenant and not in part performance of the agreement for sale - Does not mean that agreement was in fact a contract of loan and not an agreement for sale - Parties apparently intended to continue their relationship as landlord and tenant till a regular deed of sale is executed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i), 9 -- House tax - Liability of tenant to pay - Landlord issued notice demanding house tax and inspite of that tenant did not tender house tax - Tenant denied his liability to pay house tax - Concurrent finding of Courts below that tenant is liable to pay house tax - Held, tenant bonafidely raised dispute as to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Non service of summons - Correction of entries in Jamabandi - Plaintiff had created false evidence in order to strengthen his claim of ownership and obtained decree in is favour - Gram Panchayat not impleaded as party though defendant against whom decree was obtained was recorded as tenant of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Adjoining two shops got vacated small in size - Even in the petition landlord stated that he has decided to start a General Merchandise-cum-Provision store in the demised shop in occupation of another tenant - It shows that landlord requires shop for starting business - Landlord if..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Service of notice - Notice served on Karta of family - Karta being representative of the entire Joint Hindu Family, inclusion of other heirs of deceased tenant not necessary - Decree would be binding on all the joint tenants...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Cease to occupy - Shop remained closed without any reasonable cause for more than 4 months and there was no electricity consumption - Tenant liable to eviction...........
Civil Procedure Code, 1908, Section 9, H.P.Tenancy and Land Reforms Act, 1974, Section 101 -- Jurisdiction of Civil Court - Ouster - Question whether possession of `D' as tenant at will on payment of rent had been converted to full ownership by conferment of proprietary rights under tenancy laws - Civil Court has no jurisdiction to go into question connected with..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(c), East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(iii) -- Four out of five rooms completely fell down due to heavy rains - Tenant liable to eviction - Tenant cannot escape eviction when he without any authority in law, partly reconstructs the premises...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(c), East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(iii) -- Eviction on ground that building has become unfit and unsafe for human habitation - Tenant is not entitled to restoration of possession when building is reconstructed by landlord...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12, 13 -- Repairs - Landlord to carry out repairs which are on account of usual wear and tear - Even in the case of minor repairs the tenant is not entitled to carry out the same at his own - Tenant to move an application before Rent Controller who shall issue directions to the landlord to carry out the same -..........
