subletting in joint tenancy agreements

SHRI. NARAYAN DAMODAR THAKUR AND ANR vs SHRI. MADANLAL MOHANLAL MALPANI - 07 Aug 24

India - Bombay

(Paras 6, 36) ... ... (B) Commercial Tenancy - Change of user and subletting - The court emphasized ... in commercial tenancies. ... - Tenant was found to have ceased business in the suit premises and allowed unauthorized use by a relative, constituting grounds ... That the 1996 tenancy agreements create independent tenancies in favour of Defendant Nos.1 and 2 and the....

ANATH BANDHU CHAKRABORTY VS ASHIM MUKHERJEE - 11 Jul 77

India - Calcutta

in the tenancy, but the plaintiff had never considered the tenancy to be joint. ... SUBLETTING - WEST BENGAL PREMISES TENANCY ACT, 1956 - SECTION 13(1)(A) - PRESUMPTION OF SUBLETTING - JOINT TENANCY - ONUS OF PROOF ... The defendant denied the subletting and claimed that he and the other person were joint#H....

Vimal Balkrishna Kharat VS Mahesh Holaram Motwani - 11 Aug 05

India - Bombay

The written permission is a must for creating any sub-tenancy. ... Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 - Section 13(1) Creation of sub-tenancy Written permission is a must ... In the present case, there is no such written permission pointed out or even borne out from the record. ... There is nothing in writing to show creation of joint tenancy. ... The respond....

DWIJENDRA NATH VS RABINDRA NATH - 03 Dec 86

India - Calcutta

The disputes relate to the tenancy rights in respect of two rooms and one godown- one tenancy standing in the name of Gour Chandra ... Section 23 of the Contract Act, 1872 is not applicable to subletting after the commencement of 1956 Act made without prior consent ... The partnership firm can acquire tenancy rights in respect of tenancies previously enjoyed by individu....

Narayan Damodar Thakur VS Madanlal Mohanlal Malpani - 07 Aug 24

India - Bombay

, emphasizing that unauthorized use and subletting without landlord consent constitutes a breach of tenancy, leading to eviction. ... Unauthorized use and subletting were established, justifying eviction. ... Rule 12; Bombay Rent Act, 1947 - Section 5(10)(b)(iii) - The court interpreted tenant's obligations regarding use of premises and subletting ... That the 1996 tenancy agreements cre....

M. S. Hohammed Jahabar Kadiri (Deceased) VS G. Govindaraju - 07 Feb 12

India - Madras

Control) Act, and highlighted the circumstances in which the court would be justified in interfering with concurrent findings. ... The revision petition was allowed, and eviction was ordered on the ground of subletting. ... Subletting - Tamilnadu Buildings (Lease and Rent Control) Act - Section 25 - 1989 2 L.W. 123, 2000 2 MLJ 495, 2001 2 CTC 22 - ... tenancy premises by the tenant in fa....

Ashraf Abdulla VS Union of India - 09 Mar 10

India - Bombay

control and possession was also held to be sub-tenancy; M/s. ... and 5 - Sub-letting premises - Petitioner tenant to respondent R.B.I. occupying portion of premises - Sub-let portion to others - Tenancy ... Similarly exclusive possession of the premises with no control thereupon by the tenant was held to be sub-tenancy; Dipak Banerjee ... He set out the agreements of 11th January 1957 and 2nd February 1959 where under the ....

Rahul Maheshwari VS Sheila Guha - 10 Jul 12

India - Calcutta

- SUB-TENANCY - VACANT FLAT - SUBLETTING - JOINT TENANTS - ARBITRATION AGREEMENT - FORGED SIGNATURE - VALIDITY - COURT'S PERMISSION ... Whether the Official Trustee had the authority to create the tenancy in 1962 without the Court's permission? ... The Court held that the Official Trustee did not have the authority to create the tenancy in 1962 without the Court's permi....

Mani Ram VS Sat Pal Kapoor - 12 May 71

India - Jammu and Kashmir

On the issue of subletting, the High Court held that there was no subletting by the defendant to other persons. ... The defendant and his brother ran the shop jointly as a Hindu Joint Family, and there was no evidence to suggest that the defendant ... Finding of the Court: The trial court decreed the suit in favor of the plaintiff, but the District Judge reversed the ... members of a Hindu Joint Family.....

Praveen Sharma (Since deceased) VS Ravi Kumar - 06 Mar 19

India - Allahabad

Held, Parting of possession to the Society which is a separate entity, distinct from the defendants who were tenant of the shop in ... connection with the disputed shop except the fact that it is receiving correspondence at the address of the disputed shop, but in ... connection with the disputed shop except the fact that it is receiving correspondence at the address of the disputed shop, but in ... promise, the promise may, in#HL....

Shaikh Abdul Reheman Mohammad Ashraf VS Shaikh Mohamad Haji Papamiya - 09 Aug 05

India - Bombay

The court also considered the issue of joint tenancy and the recognition of tenants and sub-tenants under the Act. ... tenancy. ... The court also considered the relevant legal principles established in previous judgments. ... In the present case, there is no material on the record to justify that there was joint tenancy created at any point of time and ... In....

Biswanath Halwal VS Amritlal Halwal - 28 Jul 89

India - Calcutta

The trade license would also stand in his name. ... - The trade license would also stand in his name. ... - The defendant defaulted in paying the plaintiff his fixed profit by the time fixed. 2. ... would not about to subletting, leading to the forfeiture of the tenancy. ... That was in the context of joint family coparcener. ... of agreements, the int....

Hasanali Hasambhoy Jetha VS Razia Yusuf Noorani - 05 May 17

India - Bombay

on the application Exhibit 7 filed by the Petitioners/original Appellants allowing the application for stay pending the Appeal in ... terms of the operative part of the impugned order - Petitioners are faced with a decree of eviction in respect of which decree ... that the Petitioners were deriving out of the structures and sheds - The said land can therefore be said to be a prime property in ... by way of leave and licence agre....

SUNIL KUMAR VERMA VS DEVENDRA PRAKASH BANSAL - 16 Feb 10

India - Allahabad

establish and prove that alleged occupant was sub-tenant and that sub-tenancy has been created for valuable consideration—Sub-tenancy ... satisfaction of Court that two cardinal ingredients as enumerated has been satisfied—O.P. landlord has to prove to hilt alleged sub-tenancy ... and 30 (1)—Sub-letting—No finding recorded by Court below that petitioner tenant has substantially removed his effects from shop in ... The shop....

Pokarmal Dadich VS Vankayala Lakshmikanthamma - 30 Dec 87

India - Andhra Pradesh

APBUILDINGS (LEASE, RENT AND EVICTION) CONTROL ACT, Section 10 - Subletting of a premises by contractual tenant without consent of ... and agreements between the petitioner-tenant and the Canara Bank, Ex. ... It could not be treated as a joint family business without the petitioner being a partner. ... The further continuance of the sub-tenant from December, 1972 to 9-9-1973 is equivalent, in law, to unauthorised #HL_START....

Official Trustee of West Bengal VS Wardens of The Armenian Holy Church of Nazareth In Kolkata - 04 Jul 18

India - Calcutta

The two several agreements of tenancy, dated 30th January 2014 and 18th March 2014, entered into in violation of order of status ... MOHINI MOHAN GHOSH - JOINT TENANCY - RENT OF RS.2750/- - MARKETABLE RENT ASSESSED AT RS.5,83,500/- - DEVELOPMENT AGREEMENT WITH ARMENIAN ... the meantime by allowing sub-tenancy in accordance with the earlier direction and the direction pa....

SALIG SAM VS KISHORI LAL - 03 Jun 96

India - Himachal Pradesh

Tenants resisted the petition, claiming joint tenancy, denial of sub-letting, and no impairment of value and utility. ... Finding of the Court: The Rent Controller found no arrears of rent, no impairment of value and utility, joint tenancy ... Temporary construction of a cabin within the tenanted premises, which is not embedded in the walls or floor, does not materially ... ......that a landlord is almo....

PALWELL EXPORTS PRIVATE LIMITED VS ROYAL SAFA COMPANY ( SOUTH ) - 03 Feb 00

India - Delhi

inducting any sub-tenant — Franchise agreement between the parties — Plea that agreement was sham and real nature of transaction was of tenancy ... to that of a tenancy. ... The transaction between the parties, in fact, was that of a sub-tenancy and, in any case, it created third party interests in the ... Ltd. have been specifically excluded from having any right or interest i....

SHYAM SUNDAR GANERIWALLA VS DELTA INTERNATIONAL LTD. - 02 Dec 97

India - Calcutta

In this case, the agreement granted the defendants exclusive possession of the property and created an interest in the property. ... A license, on the other hand, only permits the use of property without creating an interest in the property. 4. ... In determining whether an agreement is a lease or a license, the court will consider the substance of the transaction, rather than ... rewriting the agreements....

Sait Nagjee Purushotham & Co. LTD. VS Vimalabai Prabhulals - 04 Oct 05

India - Supreme Court

Company in the year 1948 - Held, new tenancy came into being from in the year 1948.-No protection available to the tenant. ... 1965, Section 11(17) - Transfer of Property Act, 1882 Sections 105, 107 Creation of tenancy ... life and they cannot wait till the appellant is evicted from the premises in question. ... In my opinion there is no subletting or parting with posse....

Searched Results

SHRI. NARAYAN DAMODAR THAKUR AND ANR vs SHRI. MADANLAL MOHANLAL MALPANI - 07 Aug 24

ANATH BANDHU CHAKRABORTY VS ASHIM MUKHERJEE - 11 Jul 77

Vimal Balkrishna Kharat VS Mahesh Holaram Motwani - 11 Aug 05

DWIJENDRA NATH VS RABINDRA NATH - 03 Dec 86

Narayan Damodar Thakur VS Madanlal Mohanlal Malpani - 07 Aug 24

M. S. Hohammed Jahabar Kadiri (Deceased) VS G. Govindaraju - 07 Feb 12

Ashraf Abdulla VS Union of India - 09 Mar 10

Rahul Maheshwari VS Sheila Guha - 10 Jul 12

Mani Ram VS Sat Pal Kapoor - 12 May 71

Praveen Sharma (Since deceased) VS Ravi Kumar - 06 Mar 19

Shaikh Abdul Reheman Mohammad Ashraf VS Shaikh Mohamad Haji Papamiya - 09 Aug 05

Biswanath Halwal VS Amritlal Halwal - 28 Jul 89

Hasanali Hasambhoy Jetha VS Razia Yusuf Noorani - 05 May 17

SUNIL KUMAR VERMA VS DEVENDRA PRAKASH BANSAL - 16 Feb 10

Pokarmal Dadich VS Vankayala Lakshmikanthamma - 30 Dec 87

Official Trustee of West Bengal VS Wardens of The Armenian Holy Church of Nazareth In Kolkata - 04 Jul 18

SALIG SAM VS KISHORI LAL - 03 Jun 96

PALWELL EXPORTS PRIVATE LIMITED VS ROYAL SAFA COMPANY ( SOUTH ) - 03 Feb 00

SHYAM SUNDAR GANERIWALLA VS DELTA INTERNATIONAL LTD. - 02 Dec 97

Sait Nagjee Purushotham & Co. LTD. VS Vimalabai Prabhulals - 04 Oct 05