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Showing posts with label
termination of tenancy
.
Show all posts
Showing posts with label
termination of tenancy
.
Show all posts
Thursday, 30 July 2020
Whether tenant in possession of the tenanted property after termination of tenancy can be held guilty for the offence of criminal trespass?
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On the basis of the discussions made in the preceding paragraphs, we are of the opinion that the rigors of section 441, . I. P. C. as am...
Saturday, 14 December 2019
When landlord will become entitled to get superstructure built by tenant?
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On a consideration of the facts of the case, we feel that there are no grounds for interfering with the decree passed by the High Court fo...
Tuesday, 8 October 2019
Whether acceptance of money equal to rent after determination of tenancy amounts to creation of new tenancy?
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In Ganga Dutt Murarka v. Kartik Chandra Das, this Court held that where a contractual tenancy, to which rent control legislation applied...
Saturday, 13 July 2019
Whether one co-owner can terminate tenancy of tenant if other co-owners objects for the same?
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I have pointed out to the counsel for the appellant/plaintiff the judgments of the Supreme Court in the cases of Sk. Sattar Sk. Mohd. Ch...
Saturday, 5 January 2019
Whether tenancy is deemed to have been terminated if suit for eviction is filed?
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In fact, though termination of tenancy is required to be done by issuing a notice under Section 106 of the Transfer of Property Act 1882, y...
Sunday, 19 August 2018
Whether issuance of notice terminating tenancy can be proved even if office copy of notice is not proved?
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The learned counsel for Petitioner has vehemently submitted that in the pending proceedings before the Additional Tahsildar, the Petitione...
Monday, 7 May 2018
Whether it is necessary to issue quit notice as per S 106 of transfer of property Act if tenant is protected by rent Act?
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"It is true that the Rent Act is intended to restrict the rights which the landlord possessed either for charging excessive rents or ...
Friday, 30 March 2018
Whether one trustee can validly issue quit notice to tenant?
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The issue in that case was whether one co-trustee could determine a tenancy. The Court said he could not, but held: (AIR p. 116, para 8) ...
Sunday, 21 January 2018
Whether tenant is liable to be evicted if he has subletted tenanted premises on the date of eviction notice?
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The appellant repeated the same contentions which had been advanced before the High Court. The provisions of the Bombay Rents, Hotel and Lo...
Whether accrued right in favour of landlord can be taken away by tenant by his unilateral act?
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In our opinion, the ratio laid down in the above cases applies to the present case as well. Admittedly, on the date the tenancy was termina...
Sunday, 7 January 2018
Whether plea of title and adverse possession can be taken at the same time by tenant?
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Even the position of a tenant after termination of his tenancy is described in the case of Shyamcharans v. Sheoji Bhai (MANU/SC/0365/1977 ...
Sunday, 10 September 2017
Whether tenancy created for commercial purpose can be terminated on ground of availability of alternative accommodation?
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It would be noticed that as soon as it is found that the premises in question have been used by respondent 1 incidentally for professional ...
Friday, 28 July 2017
Whether tenant is liable to pay mesne profit after termination of tenancy?
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On the question of mesne profits I feel that no longer discussion is warranted in view of the ratio laid down by the Supreme Court in MANU...
Thursday, 12 May 2016
Whether wife has right to reside in tenanted premises as per DV Act after termination of tenancy?
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The tenanted premises where a woman lives with her husband would definitely come within the category of shared household but as long as ...
Wednesday, 6 April 2016
Whether there is waiver of termination of tenancy by acceptance of rent by landlord?
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The next question is as to whether there is waiver of termination of tenancy by acceptance of the rent. The waiver can occur only...
Sunday, 18 October 2015
Whether notice issued under S 15(2) of Maharashtra Rent Control Act should contain stipulation regarding termination of lease?
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The provisions of Section 15(2) of the Act of 1999 are clear wherein the stipulation is only with regard to demand of standard rent and...
Saturday, 22 August 2015
What mesne profits landlord is entitled to get in respect of tenanted premises after termination of tenancy of tenant?
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"The Rent Control Order was, no doubt, for the benefit and protection of tenants , but it will be going too far to say that the ...
Thursday, 30 July 2015
Whether tenant continuing in occupation of tenancy premises after termination of tenancy is liable to pay damages or mesne profits?
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In Shyam Sharan Vs. Sheoji Bhai & Anr., (1977) 4 SCC 393, this Court has upheld the principle that t he tenant continuing in occupation...
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