Rent HELD A bare perusal of Section 109 of the Transfer of Property Act would reveal that if a landlord transfers the property leased out or any part of it, the transferee, in the absence of any contract to the contrary, shall possess all the rights of the landlord. Landlord by statement able to establish requirement of personal occupation purpose is genuine and that it is not only a ruse for evicting the appellants. September 22, 2022 sclaw
Rent Section 18, West Bengal Premises Tenancy Act, 1997 HELD the monthly rent due and payable would be Rs. 10,000/- per month which cannot be said to be more than ten thousand rupees as monthly rent, the plaint therefore rightly dismissed invoking Or 7 r 11 August 15, 2022August 15, 2022 sclaw
Rent Maharashtra Rent Control Tenancy Act, 1999 – Section 26 – Sans any ratification and in the absence of any contract to the contrary within the meaning of Section 26, the alleged transfer by the ‘lawful tenant cannot pass muster. August 14, 2022 sclaw
Rent HELD any deposit made under or pursuant to the said order of High Court, cannot wipe out the default already committed by the defendant- respondent. On the contrary, with setting aside of the said order of the High Court, the order of the Trial Court shall stand revived. July 23, 2022 sclaw
Rent HELD we direct that in terms of the admitted fact by extended Lease Agreement and the increase in the percentage of rent, the Trial Court shall first decide the issue of payment of monthly rent applying the said increase on year to year basis and pass appropriate orders – Remanded July 10, 2022 sclaw
Rent Rajasthan Rent Control Act, 2001- Transfer of Property Act, 1882 – Section 106 A decree passed by the civil court is valid and executable which is not interdicted by the applicability of the Act to the area in question. The Act is applicable to the area in question from the date the notification came into force and it does not bar the decree of the civil court or the pendency of such civil suit. April 15, 2022 sclaw
Rent Delhi Rent Control Act, 1958 – Section 25B(8) – HELD the mere existence of the other properties which are, in fact, denied by the appellant would not enure to the benefit of the respondent in the absence of any pleadings and supporting material before the learned Rent Controller to the effect that they are reasonably suitable for accommodation. embargo under the Enemy Property Act would not be made applicable to the properties in question. April 11, 2022 sclaw
Rent Mesne profits – Reduction – If the valuer’s report was for commercial use/commercial property, the mesne profits could not have been reduced by 50%. March 14, 2022 sclaw
Rent Held the tenant is liable to pay mesne profits or compensation for use and occupation of the premises at the same rate at which the landlord would have been able to let out the premises and earn rent if the tenant would have vacated the premises. The landlord is not bound by the contractual rate of rent effective for the period preceding the date of the decree. The doctrine of merger does not have the effect of postponing the date of termination of tenancy merely because the decree of eviction stands merged in the decree passed by the superior forum at a latter date. (2005) 1 SCC 705 reiterated . February 27, 2022 sclaw
Rent Haryana (Control of Rent & Eviction) Act, 1973 – Sections 5(1), 7(2), 7(3) and 11 – Suit for possession – Expiry of lease term – Statutory tenant – Jurisdiction of Civil Court – Section 11 of the Act has an overriding effect to the provisions of other laws. That being so, the jurisdiction indeed of a civil Court is impliedly barred from the field covered specifically by the provisions of the Act 1973 and that being the complete code determining the rights of a tenant/landlord to the exclusion of the other laws – February 5, 2022 sclaw
