...violation of clause (o) of Section 108 of the Transfer of Property Act by the respondent in the facts and circumstances of the case could not arise at ....20. Lastly, he contended that the respondent had violated Section 108(o) of the Transfer of Property Act and, accordingly, was liable to be evicte...also taken into consideration. This is with regard to the violation of provisions of Section 108(o) of the Transfer of Property Act. Section ...

...Rates Control Act, 1947 (for short “the Act”), which reads as follows:“13. (1)(a) that the tenant has committed any act contrary to the provision of clause (o) of...;”9. It, in turn, provides that violation of clause (o) of Section 108 of the Transfer of Property Act, 1882 will...be a ground for seeking eviction of the tenant. It has, therefore, become necessary to look at clause (o) of Section 108 of the Transfer of Property Act which r...

...Rent Act, 1947 and clause (o) of Section 108 of the Transfer of Property Act, 1882, which are relevant, are as under:“13. (1)(a) tha...contrary to the provision of clause (o) of Section 108 of the Transfer of Property Act, 1882;”“108. (o) the lessee ...premises was taken on rent by the tenant for residential purposes, but later on he converted it for commercial purpose. The tenant has on the face of it violated the provisions of Section 108(o) ...

...purpose and it would not constitute a ground for eviction. The Court also considered section 108(o) of the Transfer of Property Act in which the tenant...cases only section 108(o) of Transfer of Property Act would come into play. However when there is a contract to the contrary, ...the property for the purpose other than for which it was used. The Court considered that purposes were only two; residential purpose and commercial purpose. Relying upon the case of...

...of the landlord and is intended to restrict the use of the landlord's premises taken by the tenant under lease. It is akin to the provision contained in Section 108(o) of the Transfer ...fret work and the lessee used the premises for business in plastic goods, change in the nature of business did not bring about change of user as contemplated in Section 108(o) of the .... Letting of a premises can broadly be for residential or commercial purpose. The restriction which is statutorily provided in Section 13(2)(ii)(b) of the Act is obviously one to protect the interests...

...committed any act contrary to the provision of clause (o) of Section 108 of the Transfer of Property Act, he renders himself liable for eviction.” Clau...dismissed. It is then that the tenant filed the writ petition in the High Court which too met the same fate.4. Section 13(1)(a) of the Bombay Rent Act provides that “if the tenant has...alia says that the lessee “must not use or permit another to use, the property for a purpose other than that for which it was leased”. The finding of both the trial court and the Appellate Court is...

...)(e) and 16(1)(a) of the Maharashtra Rent Control Act, 1999 (for short ‘Act’) r/w section 108(o) of Transfer of Property Act, 1882 (for short ‘T.P. ...material on record. As noted earlier, the Courts below have decreed the suit under sections 15, 16(1)(b), 16(1)(e) and 16(1)(a) of the Act r/w section 108(o) of the T.P. Act. In so far as...with their consent. The Appellate Court concluded that the defendants are liable to be evicted under section 16(1)(b) and 16(1)(a) of the Act r/w section 108(o) of the T.P. Act....

... inspite of there being belongings of the landlord in the said room. The act of the tenant was alleged to be contrary to the provisions of Section 108(...has converted the premises to non residential user after 1990. Section 13(1)(a) and Section 13(1)(k) of the Rent Act, coupled with Section 108(o) ...Transfer of Property Act in favour of landlord. 6. In the notice reply (Exh.36), the tenant came with a case that the articles lying in the fourth room of the landlo...

...the provision of Sub-section (o) of Section 108 of the Transfer of Property Act. Section 108(o) ...or permit another to use the property for a purpose other than that for which it was leased. 13. Section 13(1)(a) of the Bombay Rent Act read with Section 108(...tenant was that sugarcane juice business was a seasonal business and business of sale in readymade clothes does not amount to contravention of Section 108(o) of the ...

...from commercial it would not constitute this to be a ground for his eviction. To substantiate this, he placed reliance on Section 108(o) of the Transfer of Property Act, which is...taken by the tenant under lease. It is akin to the provision contained in Section 108(o) of the Transfer of Property Act dealing with the obligations of a lessee. … A ho...and no other. In order to meet this, learned counsel for the appellant referred to Section 108(o) of the Transfer of Property Act and the language of Section 10...

...the Bombay Rents, Hotel and Lodging House Rates Control Act, hereinafter referred to as “the bombay rent act”, read with section 108(o) of the Transfer of ...on the ground mentioned in section 13(1)(a) of the Bombay Rent Act read with section 108(o) of the Transfer of property Act ...held that the mere act of change of purpose of user even if it does not happen to be destructive or permanently injurious to the leased property would amount to breach of clause ...

...it would not constitute a ground for eviction. The --5-- Court also considered Section 108(o) of the Transfer of Property Act in which the tenant is en...as the user was restricted only for the business specified in the lease deed. Consequently, the Court observed that in those cases only Section 108(o) of Transfer of ...come into play. However when there is a contract to the contrary, Section 108(o) would not be applied. A restrictive covenant expressly prohibits the use for any purpose other than the...

...provisions of clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act, 1882 but also the conditions stipulated in the lease agreement executed b...of the notice allegedly issued by the landlord and that there was no violation of the provisions of clauses (m), (o) and (p) of Section 108 of the Transfer of ...storeroom. He further alleged that he had not made any alterations or additions or committed any act contrary to clauses (m), (o) and (p) of Section 108 of the Transfer of ...

...Junior Division, Kalyan in Regular Civil Suit No.57/1981. The Trial Court has decreed the suit filed by Plaintiff- Respondent on the ground of commission of acts contrary to provisions of Section 108(...proceeded to accept the ground of commission of acts contrary to the provisions of Section 108(o) of the Transfer of Property Act and consequently orde...Court have erred in accepting the ground of commission of acts contrary to the provisions of Section 108(o) of the Transfer of Property Act for orderin...

.... Ultimately, the question would depend upon the facts of a particular case, in the context of the terms of the letting and the covenants governing the transaction and the general spirit of Section ...) 2 SCC 290. It also referred to Section 108(o) of the Transfer of Property Act. This Court distinguished the various decisions brought to its notice under other sister enactment...foundation of Section 108(o) of the Transfer of Property Act is the main basis for a provision similar to the one in Section 10(2)(ii)(b) of the ...

...Junior Division, Kalyan in Regular Civil Suit No.57/1981. The Trial Court has decreed the suit filed by Plaintiff- Respondent on the ground of commission of acts contrary to provisions of Section 108(...proceeded to accept the ground of commission of acts contrary to the provisions of Section 108(o) of the Transfer of Property Act and consequently orde...Court have erred in accepting the ground of commission of acts contrary to the provisions of Section 108(o) of the Transfer of Property Act for orderin...

...Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act and reasonable...so far the ground of violation of Clauses (m), (o) and (p) of Section 108 of the Transfer ...Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act, the learned t...

...provisions of section 108(o) of the Transfer of Property Act. Section 108(o) clearly provides that the Lessee must ...officer, had violated the provisions of section 108(o) of the Transfer of Property Act. Before we decide this question, it is necessary for us..., what can be seen as a collateral evidence is the purpose of the tenancy and such purpose clearly is for residence. Therefore, there is no question of violation of Clause (o) of ...

...Kumar Rakshit, Mr. S.S. Bayerd for the petitioner The petitioner, being the defendant in an eviction suit on the ground of violation contemplated under Section 108(m)(o)(p) of the ...1 29 07.08.2018 In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. No. 2481 of 2018 Hriday Narayan Tewari -Vs.- Bishnudas Ghosh Mr. Anit...Order XVIII Rule 17 of the Code of Civil Procedure to prove certain counterparts of rent receipts, without any relevance of such evidence being made out in the application for recall...

...tenancy under section 108(o) of the Transfer of Property Act read with section 13(1)(a) (ii) erection of permanent structure without written consent of... 3 deposit the arrears of rent within the meaning of section 12(3) of the Bombay Rent Act. Accordingly, the issue ... 9) So far as the ground under Section 13(1)(a) of the Bombay Rent Act read with Section 108(o) of the Transfer ...