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Showing posts with label rent. Show all posts
Showing posts with label rent. Show all posts
Sunday, 28 August 2022

Can the court refuse to grant an eviction decree to the landlord on the grounds of bonafide need if one landlord claims a rent increase?

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 The learned counsel appearing for the appellants argued that the Rent Controller and the Appellate Authority have passed an order of evicti...
Wednesday, 16 March 2022

whether failure to pay rent amounts to criminal offence?

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 We are of the opinion that no criminal offence is made out, even if we accept the factual assertions made in the complaint, which was regis...
Saturday, 8 May 2021

Whether court can treat conducting agreement as a leave and license agreement if the word rent is used in said agreement?

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 In line with the law laid down, it is clear that the contract mandated  continuation of the business in the name of ‘Karandikar Brothers’  ...
Monday, 14 December 2020

Whether the court should direct obstructionist to pay compensation or rent to the landlord during pendency of obstructionist proceeding?

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Usually, the appellate court, or sometimes the executing court, requires the tenant to pay compensation pending the appeal on the execution ...

Whether the right of the landlord to get rent accrued during the pendency of the first suit will be barred by res judicata if the landlord fails to claim said rent by amending plaint?

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  (g) Rent and Recurring Cause of Action: 48. The Corporation and the Firm maintain that the Owner's claim has been barred by res judica...
Thursday, 23 July 2020

Whether a person can claim tenancy in the immovable property if he was depositing rent in the bank account of the landlord?

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Re: Remittances to owner's account (Exs. 64, 65 and 66) 20. Exs. 64 to 66 produced by first Respondent show that he had deposited ...
Saturday, 11 July 2020

Supreme Court: Sub-lessee can not claim re-connection of electric supply if he fails to pay lease rent, maintenance charges, electricity charges

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We have considered the rival contentions of the parties and we make it clear that we are not deciding this plea on merits. However,  we h...
Saturday, 4 July 2020

Whether the court can treat property tax as part of rent without consent of the tenant?

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I have carefully considered the submissions made by the respective sides and gone through the relevant provisions of law as well as the ca...
Thursday, 18 June 2020

Whether lease deed is to be registered in case of tenancy-at-will even though rent was payable yearly?

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  In Mt. Aishan v. Municipal Committee Lahore 92 Ind.Cas. 526 Campbell J. held that a mere recital of an annual rate of rent did not...

Whether the court can infer that tenancy was for more than a year if there is a clause of increase of rent every year in rent note?

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As per law  laid down by this Court in Ram Kumar Das(supra) there  shall be a presumption that the tenancy in the present case is monthl...
Friday, 3 April 2020

Whether landlord can claim rent towards lock-in period without pleading that he has sustained loss due to premature vacation of premises?

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The reason why I state that the suit as per averments in the plaint itself was not maintainable and should not have been entertained is,...
Sunday, 22 December 2019

How to ascertain when tenant should pay rent to landlord in absence of lease deed?

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 The next contention of Learned Counsel for the Defendant was that the rent was payable on demand. Evidently no Lease Deed existed between...
Monday, 16 December 2019

When deposit of rent would not amount to valid tender of rent?

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  No doubt, the respondent is found to have issued a notice marked as Ex. R2 calling upon the petitioners to furnish their bank account par...

Whether tenant is liable to pay rent even if not demanded by landlord?

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Even if the petitioners do not demand the payment of the rent, the respondent is statutorily liable to pay the rent and he cannot be allow...
Sunday, 24 November 2019

Supreme Court: Rent includes payment in respect of amenities or services provided by landlord

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Although the expression 'rent' has not been defined, there are indications in the present Act to suggest that the word 'rent...
Tuesday, 8 October 2019

Whether court can fix quantum of rent considering rate of rent pleaded by landlord?

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 During the course of argument much stress was given on the ground that the rate of rent has wrongly been fixed by the trial court.  The a...
Wednesday, 5 June 2019

Comprehensive definition of word rent given by Supreme Court

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 In the case Abdul Kader (supra), the Court has taken view that the Supreme Court has held that the term 'rent' has not been defin...
Wednesday, 8 May 2019

Whether eviction decree is to be passed against tenant if he pays rent irregularly even after receipt of demand notice?

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It is undisputed that the petitioner is a landlord and the defendant Nos. 1 and 2 are the tenants. It is also not disputed that the agreed...
Tuesday, 30 April 2019

To what extent Bombay Port trust can claim exemption from rent Act?

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  By its very nature, rent legislation covers the relationship between landlord and tenant. It does not deal with creation of tenancy but ...
Friday, 19 April 2019

Whether tenant who has failed to deposit standard rent within ninety days of order is liable to be evicted?

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The material on record also shows that even after the fixation of standard rent by the trial Court by an order dated 07-01-2004 at the rat...