AI Overview...
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Section 60(1) (ccc) of CPC - The clause (ccc) pertains to the definition of occupancy for the purpose of eviction under the Civil Procedure Code. It states that a person is deemed to be in occupation of a property if they are in physical possession or control of the premises, even if they have let out a part of the house to tenants. The clause has been interpreted to include cases where a person owns a house and has let out a portion, but still retains control or possession of the remaining part Ude Bhan VS Kapoor Chand - Punjab and Haryana.
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Whether 'as is where is' principle applies in sub-sale transactions - The principle of 'as is where is' generally signifies that the property is sold in its existing condition, with the buyer accepting all defects and encumbrances. In sub-sale contexts, courts have held that this principle does not automatically cover all issues unless explicitly agreed upon. The sale is subject to the terms of the agreement, and the principle does not exempt the seller from liability for latent defects or misrepresentations unless the contract states so Ramesh Gaikwad VS N. S. Prakasham - Andhra Pradesh.
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Main Point on 'Cover Ccc' in Sub Sale - The clause (ccc) in Section 60(1) of CPC is relevant in sub-sale cases when determining occupancy or possession. It emphasizes that even if a property is sold sub-externally, the question of occupancy or control remains significant for eviction proceedings, and the 'as is where is' principle does not override statutory provisions that define occupancy or possession Ude Bhan VS Kapoor Chand - Punjab and Haryana.
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Analysis and Conclusion - The principle of 'as is where is' in sale transactions, including sub-sales, primarily affects the buyer's acceptance of the property in its current state. However, when it comes to legal definitions of occupancy or possession under Section 60(1)(ccc), courts focus on actual control and physical possession, which may include properties let out to tenants. The clause (ccc) continues to be relevant in eviction proceedings, and its application is not negated by the 'as is where is' principle. Therefore, in sub-sale situations, the 'as is where is' principle does not alter the statutory interpretation of occupancy as per Section 60(1)(ccc) 01100019356; 02300021831.
In summary, the 'as is where is' principle does not negate the applicability of Clause (ccc) in Section 60(1) of CPC concerning occupancy in sub-sale transactions. The clause remains relevant for determining occupancy rights during eviction proceedings, regardless of the sale's 'as is where is' nature.
Search Results for "Whether the Principle as is where is Cover Ccc in Sub Sale"
1983 0 Supreme(Del) 76 • India - Delhi
D.R.KHANNA, RAJINDAR SACHAR
Code of Civil Procedure - Section 60(1) and Section 97(1) — Section 97(1) of the amended Code does not repeal Clause (ccc) in proviso ... extension to Delhi of the Punjab Relief of Indebtedness Act, 1934 as amended by Amendment Act VI of 1942 which inserted Clause (ccc ... ... ( 1 ) THE question for decision in this petition is whether clause (ccc) inserted in Sub-section (1) (in the proviso) of Section 60 of the Code of Civil Procedure (hereinafter called the Code) by means of Section 35 of the Punjab....
1966 0 Supreme(P&H) 249 • India - Punjab and Haryana
S.B.CAPOOR, P.C.PANDIT, MEHAR SINGH
Whether a non-agriculturist judgment-debtor is deemed to be in occupation of the whole house within the meaning of Section 60 ... (1) (ccc) of the Code of Civil Procedure, if out of the main residential house belonging to him a portion of it is let by him to ... portion of it is let by him to tenant (s), is the whole house deemed to be in his occupation within the meaning of Section 60 (1) (ccc ... There is no warrant either in the statute, on principle or in authority for the argument that Clause (ccc)....
2022 0 Supreme(All) 336 • India - Allahabad
Services (Reservation For Physically Handicapped, Dependents of Freedom Fighters And Ex-Servicemen) Act, 1993 - Section 2(c) - Whether ... The exclusionary words "otherwise than at his own request" occurring in sub-clause (iv) cannot, therefore, be relied upon to deny the benefit to the appellants. Then the question arises whether such person would fall under sub-clause (i)? ... The basic principle which, therefore, informs both Articles 14 and 16 is equality and inhibition against discrimination. Now, ....
1990 0 Supreme(Cal) 137 • India - Calcutta
B.C.CHAKRABARTI, L.N.RAY, P.C.BANERJEE
Whether the demand for sales tax on sweetmeats was unauthorized and hit by article 265 of the Constitution? ... Whether sweetmeats were exigible to sales tax prior to the West Bengal Taxation Laws (Amendment) Act, 1987? 2. ... SALES TAX - Sweetmeats - Exemption - Whether sweetmeats were exigible to sales tax even prior to the West Bengal Taxation Laws ... In that case one of the points for consideration was whether the expression "sale" as defined, would include "agreement to sell". ... But the general ....
1990 0 Supreme(Mad) 131 • India - Madras
K.M.NATARAJAN, VENKATASWAMY
DEFINITION OF "SALE" AS DEFINED IN THE SALE OF GOODS ACT - WHETHER THE SUPPLY OF EATABLES CONSISTS OF TWO ELEMENTS, NAMELY, SERVICE ... " UNDER THE SALES OF GOODS ACT - WHETHER THE AMENDMENT ACT EMPOWERS THE LEGISLATURE TO WIDEN THE DEFINITION OF "SALE" BEYOND THE ... Whether the Constitution (Forty-sixth Amendment) Act, 1982, empowered the legislature to widen the definition of "sale" beyond the ... The court declined to accept the proposition that the Revenue was en....
1996 0 Supreme(Mad) 1239 • India - Madras
A.R.LAKSHMANAN, K.A.SWAMI
In the concluding portion, the Supreme Court in paragraphs 14 and 15 has observed as follows ... " * ... As in the facts of the present case, the appellant shall be deemed to be liable to pay compensation applying the principle of vicarious liability because the accident ... The question arose whether the insured (owner) had committed a breach of the condition incorporated in the certificate of insurance since the cleaner operated the vehicle on the fatal occasion without driving licence. ... Another ancillary question is as to whether t....
2025 Supreme(Online)(Kar) 20136 • India - Karnataka High Court
... ... Issues: The primary issue was whether the departmental enquiry and charges against the petitioner could be sustained given ... (Paras 15, 16) ... ... (B) Legal Principles - The petitioner followed the directives of higher ... If further proceedings are permitted to continue in the case at hand against the petitioner, it would undoubtedly become an abuse of the process of law, on a solitary fact that it would become a proceeding to consider whether the petitioner has in fact acted in furtherance of the direction of this Court ......
2002 4 Supreme 490 • India - Supreme Court
BRIJESH KUMAR, D.P.MOHAPATRA
the land of Karam Singh or his share-Neither taken at the time of preliminary decree nor in appeal or revision-Whether can be permitted ... in the proceeding under the Provincial Insolvency Act was noted, no plea that the preliminary decree did not cover ... for-Remainder-Objections-Dismissed by executing court-Confirmed in revision by High Court-Appeal against to Supreme Court-Plea that preliminary decree did not cover ... Taking note of the accepted principle of law that the executing Court cannot go beyond the decree ....
2016 0 Supreme(AP) 613 • India - Andhra Pradesh
B.SIVA SANKARA RAO
agreement with the proposition of law laid down by this Court in Silverline Forums case - In our opinion doctrine is based on the principle ... and the suit was decreed ex parte with a direction to the defendant to receive the balance sale consideration and execute sale deed ... Sub-section (2) of Section 22,94,146 - Petitioners are the claim petitioners in and alongwith the claim petition, they filed a stay ... In our opinion, the doctrine is based on the principle that the person purchasing property f....
2014 0 Supreme(AP) 837 • India - Andhra Pradesh
A.V.SESHA SAI
The courts below have not applied their minds to the question whether such evidence will be relevant and whether the ends of justice require permission to let in such evidence. Therefore the order calls for interference. ... 16. We may add a word of caution. ... The court ought to have also considered whether it should straightway recall PW1 and PW2 and permit the appellant to confront the said recorded evidence to the said witnesses or whether it should first receive such evidence by requiring its proof of its authent....
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