...Condition No.4 of the lease deed, which envisaged periodical review of the rent by the Wakf Board. The tenant cannot be a chooser and permitted to challenge the notice of enhancement. In case he is not...interested in retaining the premises, can always vacate the same, but cannot further be permitted to deviate from the terms and conditions of the lease. For the sake of Conditions No.(iv) and (ii) read...

...the sale deed of the landlord is void was not accepted by the learned SCJ-cum-RC as a tenant cannot challenge the title of the landlord.6. The impugned order held that there were no...contentions are raised without producing anything to ex facie substantiate the argument. Furthermore, the tenant cannot challenge the title of the landlord of the suit property when he is still in...premises for 100 years and now he cannot be evicted; (ii) that the landlords had filed the eviction petition only to harass the tenant and they had no real bona fide need for tenanted premises; (iii...

...tenant cannot challenge landlord-ship of the plaintiff-respondent in view of the settled law and the provisions of Section 116...) The unregistered rent deed could be looked into only for the purposes of landlord-tenant relationship in the circumstances when both the parties admit such rent deed. The terms and conditions and...rate of rent mentioned in the unregistered rent deed cannot be looked into. The rate of rent as per alleged rent deed was not admitted in the written statement and as such finding on the point of rate...

...argued on behalf of the respondent that the tenant cannot challenge the partition between father and son because he is stranger to the deed of partition. The basic question is whether the plea of the...context of substantial question of law No. 1 those observations were made. Those observations are confined to actual division of property by meets and bounds. It was held that a tenant cannot challenge which portion went to...right to file the suit. To say that the tenant cannot challenge the elementary fact because of language of Section 12 (1) (c) of the Act would be doing violence to the language. In the opinion of this...

...can be challenged and whether court's below erred in law by holding that the tenant cannot challenge the transfer of ownership right of his landlord?(ii) Whether the transaction...tenancy as tenant will continue till eviction of tenant by the procedure of law. A tenant does not acquire any interest in the property and as such tenant cannot challenge right, title of his land...building was constructed in the same place and the petitioner/appellant remained as a tenant under the defendant No. 1. subsequently, in September, 1990 the lease deed was extended for a period of 6 years 11...

..., cannot challenge the sale deed executed in favour of plaintiff on the ground that the said sale deed was executed without any partition amongst the legal representatives of Kunti Devi...) Smt. Kunti Devi had sold the property in dispute to Vedvati and after the sale deed was executed in favour of plaintiff, he got his name mutated in the revenue records. Defendant, who is tenant...by registered sale deed dated 31/3/2017 from Vedvati Goyal. Thereafter Vedvati Goyal had directed the defendant to pay rent to the plaintiff which was accepted by the defendant. However, defendant...

...tenant does not claim any interest in the said property which was gifted by the donor in favour of the donee. He is not a party to the deed. As such, in our considered view, such a tenant cannot challenge ...Now the question is as to whether a tenant under the donee's brother in respect of the suit property can challenge the validity of such deed of gift due to improper attestation. The...gift. Here the donor did not challenge the deed of gift during his life time. Even after the demise of the donor, nobody claiming under him challenged the validity of such deed of gift. The deed of...

...cannot challenge the title or authority of his landlord, is an acknowledged legal position. By means of the present plaint, the tenant is trying to challenge the sale deed executed by the power of...Chandra Mishra, the father of landlord. Thus, evidently, the petitioner is questioning the sale deed dated 23 of November, 1926 in the suit. The said sale deed cannot be questioned by a third person namely the ...rejected at its threshold. The trial Judge was not right in rejecting the application of the landlord on superficial reading of the plaint without giving a thought that a tenant cannot challenge the title of his landlord or...

...Khetsidas who inducted the defendant as a tenant. Khetsidas died issueless. However, he had adopted Prahlad Rai as a son. He had also executed a registered deed of will bequeathing his property to Prahlad...estoppel applies so long as the tenancy is not terminated and the rule estops the tenant from laying challenge to the ownership of the landlord at the commencement of the tenancy. But the rule of...tenancy premises as tenant cannot be said to have denied the title of landlord or disclaimed the tenancy. Such an act of the tenant does not attract applicability of Section 12(1)(c) abovesaid. It is...

...ground of challenge raised by the tenant was that under Section 12(3)(b) of the Bombay Rent Act the defendant cannot be ordered to deposit the arrears of rent for the period prior to the sale deed...through their legal representatives purchased the said property from Lalbi by a registered sale deed dated March 13, 1972. The appellant Basheer Kadar Mastry was the tenant of the original landlord in the...for their personal use and occupation.3. The tenant/appellant filed an appeal and the learned Assistant Judge, Sangli allowed the appeal by order dated March 30, 1974 and...

..., as the tenant has no locus standi to challenge the settlement deed No.2872 of 2012, by which landlords 1 and 2 obtained the petition schedule building. The tenant had admitted the landlord-tenant...tenant, the gift is incomplete and invalid, and so the respondents will not get any right over the petition schedule building on the basis of that gift deed. If so, the respondents cannot be the owner of...statement by way of amendment. Moreover, the tenant being a third party, he has no right to challenge the gift deed by which respondents 1 and 2 obtained ownership and possession over the petition schedule...

...tours.”10. The Additional Rent Controller, thus, held that the case of the tenant that the partnership firm existed cannot be accepted and that it was a cover for...displace the possession of the occupants i.e his sons, it cannot be said that the tenant had parted with possession.”19. The question whether the tenant has assigned...into existence a deed of partnership which gives the relationship of tenant and sub-tenant an outward appearance of partnership while in effect what has come into existence is a sub-tenancy or parting...

.... A mere challenge in a suit by the tenant to a sale effected by his landlord in favour of the petitioners, which is supported by a registered lease deed, cannot have the effect in law of upsetting the...is under challenge in O.S.No.1160/96. The court-below relying on the sale deed executed by the previous owner and the khata of the property which stood transferred in the name of the petitioners, has...his tenant. In this fact situation it cannot be said that the petitioners are not entitled to the relief sought by them under Section 21(1)(h) of the repealed Act, more so...

...Kumar Jalan and it now vests with the Silverline Forum Private Limited, (the appellant herein) as per registered conveyance deed dated 24-1-1995. The appellant filed a suit for ejectment of the tenant...the appellant decree-holder, on the other hand contended that since the second respondent has admitted that he is a sub-tenant under the first sub-tenant he cannot even be heard that the decree for...agreed upon between them and the tenant cannot bind his landlord by any such terms.27. In...

...but was not allowed to do so by the Courts below and the ground that the tenant cannot challenge the title of landlord. The Supreme Court held that the tenant had a right to contend that the sale deed was...“Devi Dass v. Mohan Lal”, AIR 1982 SC 1213 wherein the tenant had sought to challenge the genuineness of a sale deed relied upon by his landlord...so called relinquishment deed had been brought into existence only to create a ground for the eviction of the tenant. Here, reference can be usefully made to a judgment of the Supreme Court in...

...D.A Desai, J.— A dispute of a trivial nature between a landlord and now his transferees and the tenant is awaiting disposal for over 3 decades thanks to the literal and...landlord on June 20/22, 1955 to become the direct tenant of the then landlord of the premises in his possession on a monthly rent of Rs 277.50 p. as stated in plaint, effective from May 1, 1955. On...August 4, 1960. In the mean time, landlord Lakhmir Singh sold the whole bungalow including the demised premises by a deed of conveyance dated December 21, 1959 in favour of Respondents 2 and 3 who on...

...of the land in dispute in the capacity as tenant. In view of this, putting the petitioner in possession in 1962 in pursuance of the sale deed, cannot be accepted. In view of the tenancy the Vendor...and they were holding possession since then. This aspect is not seriously under challenge.6. In view of this, it is quite apparent that the tenant respondents were in lawful possession...mainly asserted by the petitioners that they have derived the possession of the suit filed on the basis of sale deed executed in their favour in 1962 by the Vendor-Landlord of the suit filed. The Sessions...

...right with respect to the premises in question. Entire thrust, on the part of the tenant, has been to challenge the validity of the ‘Lease Deed’ and to prove that Smt. Ratan Devi could not transfer the..., having executed a lease deed in favour of present contesting respondents and entitled to receive rent from the tenants—their locus standi as ‘landlord’ cannot be challenged by the tenant on the allegation...a copy of the ‘sale deed’. It is not disputed at the bar that ‘Sale Deed’ was never filed in spite of opportunity given to the tenant.7. The Prescribed Authority vide order dated...

...tenant, a new tenancy is not created. A successor-in-interest of a tenant holds his tenancy right subject to rights and obligations of his predecessor. He does not and cannot claim a higher right than...unscrupulous tenants and sub-tenants of bringing into existence a deed of partnership which gives the relationship of tenant and sub-tenant an outward appearance of partnership while in effect what has...come into existence is a sub-tenancy or parting with possession camouflaged under the cloak of partnership. Merely because a tenant has entered into a partnership he cannot necessarily be held to have...

...of a change of landlord/landlady. Hence, the contention that as the proceedings with regard to challenge to the sale deed dated 28-2-2008 were pending, said Prabhakar could not be treated as a tenant...of 2005 filed by the tenant came to be dismissed.On 28-2-2008, the son of Kishanlal executed a sale deed of the aforesaid property in favour of the landlady. The tenant was in...established and, therefore, he was bound to accept the status of the plaintiff as his landlady. According to him, merely because the tenant had filed a counter claim for setting aside the sale deed...