Rent Property Tax–Sub-lessee whether liable to pay property tax–Deed placed number of restrictions on the sub-lessee which prevented the sub lessee from full enjoyment of the leasehold rights–As the deed did not operate as a conveyance and the industrial plot was let out to sub-lessee the primary liability to pay property tax cannot be fastened on sub-lessee. July 5, 2020 sclaw
Rent Payment of monthly rent was mentioned in the lease deed – Rent note – As per law laid down by this Court in Ram Kumar Das, AIR 1952 SC 23 there shall be a presumption that the tenancy in the present case is monthly tenancy. Registration not required. June 28, 2020 sclaw
Rent Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Sections 12, 16, 16(1)(b) and 18 – Appeal against order of allotment or release – Sub-letting the property to some other persons who were not the family members of the tenant – A perusal of the inspection report clearly established, that the original tenant was residing in the tenanted premises along with his son, brother’s son and their families. Appeal allowed. June 26, 2020 sclaw
Rent COMPARATIVE HARDSHIP – LANDLORD vs TENANT :: Kerala Building (Lease and Rent Control) Act, 1965 – Section 11(8) – Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 – Section 13(2) – Eviction – Section 11(8) of the Kerala Rent Act is materially different from Section 13(2) of the Bombay Rent Act in that it does not provide for partial eviction if comparative hardship of a landlord and a tenant are to be weighed against each other. June 8, 2020 sclaw
Rent Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 – Section 21(1)(a) – Release of Shop – Mere receipt of notice having been sent under certificate of posting, in itself, may not be sufficient proof of service, but if the same is coupled with other facts and circumstances which go to show that the party had notice, the same could be held to be sufficient service on the party. April 26, 2020April 26, 2020 sclaw
Rent Landlord and Tenant — Eviction — Denial of relationship — Original owner inducted tenant — Owner made family settlement in favour of his son with regard to demised premises, thus son of landlord acquired title — Such confernment/settlement to title cannot be questioned by tenant — Eviction petition by son of original landlord on his personal necessity upheld. April 2, 2020 sclaw
Rent Subsistence of Contractual Tenancy does not debar a landlord from filing for enhanced rent, Supreme Court January 31, 2020January 31, 2020 sclaw
Rent Section 9 of the Madras City Tenants’ Protection Act, 1921 HELD ‘actual physical possession of land and building’ would mean and require the tenant to be in actual physical possession. The provisions would not be applicable if the tenant is not in actual physical possession and has given the premises on lease or licence basis to a third party. January 28, 2020January 28, 2020 sclaw
Rent Kerala Buildings (Lease and Rent Control), Act, 1965 – Sections 11(2), 11(3) and 11(4)(i) and 11(4)(ii) – Eviction – Sub-letting – A bare reading of sub-para (i) of sub-section (4) of Section 11 of the said Act leaves no manner of doubt that the cause arises upon the tenant transferring his rights under a lease and sub-lets the entire building “or any portion thereof”, if the lease does not confer on him any right to do so. Thus, sub-letting of any part of the tenanted premises gives right to eviction from the whole premises January 13, 2020 sclaw
Rent Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 – Sections 10(2)(i), 10(2)(ii)(a)(b) and 10(2)(iii) – Eviction – Subletting – There is no genuine partnership between respondent no.1 and respondent no.2 – Respondent no.1 has come out with a case of partnership only to get out from the allegation of subletting – The exclusive possession of the suit premises is with respondent no.2. Respondent January 7, 2020 sclaw
