...end. According to the learned Additional Solicitor-General as the tenancy had come to an end, the respondents were in default of their legal liability to hand over the possession of the premises in...to agree with the learned Additional Solicitor-General that under the said sub-section (1) the relationship of landlord and tenant in the case in hand was put to an end inasmuch as the tenancy could...dealt with them as tenants by accepting rent and that there was no lawful termination of their tenancy. It was also pleaded that such action of eviction by force with the help of police resorted to by...

...to have taken the premises on lease as early as 1934 although he executed an agreement of tenancy in favour of the appellant on 8-11-1935. This agreement shows that the appellant agreed to let out his...flat to Respondent 1 on a rent of Rs 90 per month payable in advance. The tenancy was to commence from October 1,1935, and was intended to continue up to September 30,1936. Parties agreed that the...said tenancy could be renewed on terms to be settled later. In fact the tenancy has been renewed from year to year and the flat is still in possession of Respondent 1.2. In...

...rate of licence fee. The learned Solicitor has also submitted that there is distinction between licence and tenancy. While lease or tenancy confers some interest on the land, licence gives only...belonging to the State Government was regulated by the West Bengal Government Premises (Tenancy Regulation) Act, 1976. The amount assessed for occupation of government housing estates was termed...employees in the matter of payment of house rent allowances.11. Mr A.K Mitter, learned Additional Solicitor General appearing for the appellants, has submitted that for the...

...absolutely insufficient for him as well as the members of his family. By a notice dated 24th July, 1974 duly served on the defendants through his Solicitor, Shri Sunil Kumar Mitra, the tenancy stood...Premises Tenancy Act inasmuch as the son-in-law was not treated as a member of the family of the father-in-law. We are of the view that the said decision does not apply in the facts of the present...

...certain time or because a term had been agreed upon for the tenancy or fixed by usage.36. It may be, as the learned Solicitor-General says, that the language used by the...acquired on Tillers' Day (1-4-1957) by reason of the provisions contained in Section 32 and other relevant sections of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act 67 of 1948...principal Acts, namely, (1) the Bombay Land Revenue Code, 1879 (Bombay Act 5 of 1879), hereinafter referred to as the Revenue Code; (2) the Bombay Tenancy and Agricultural Lands Act...

...of a suit or proceeding for the recovery of possession of any premises under the West Bengal Premises Tenancy Act, 1956.15. As rightly pointed out by both the Additional Solicitor...West Bengal Premises Tenancy Act, 1956; and that in view of the provisions of the Letters Patent only the High Court was competent to amend the...Presidency Small Cause Courts Act, 1882.5. Mr. Razack, Additional Solicitor-General of India, has submitted that he does not find any reason...

...Mavji and, therefore, could not entertain the appellant's request. In the premises, by notices issued in 1971-1973, the respondent purported to terminate the tenancy of the appellant. In 1973-1974...terminate the tenancy.7. In December 1977 the respondent filed Suits Nos. 447 and 603 of 1977 against the appellant in the Court of Small Causes, Bombay. The appellant filed...was contended on behalf of the appellant that the action of the respondent in terminating the appellant's contractual tenancy had a public law character attached to it and was accordingly subject to...

...entirely by the complainant's own Solicitor. In the agreements, the complainant unequivocally acknowledged Boon Realtors Pvt. Ltd. as owner of the property by virtue of an e-auction conducted by the Bank...auction. A principal term of all the three agreements required delivery of 10 Katthas out of 15 Katthas of land, the remaining 3 Katthas being claimed by the complainant as part of its own tenancy. The... 3 uninterrupted possession of the entire 14 Katthas since September, 2023 and has been benefitting from its tenancy...

...highway and forming part of a settled estate, issued a writ against the local authority for an injunction to restrain an alleged trespass on his land; the solicitor of the tenant for life wrote to the...local authority with a view to arrange the matter and at the same time wrote to the tenant that the tenant for life required him to withdraw the writ, and that, if he did not comply, his tenancy would...be determined. It was held that the solicitor had not committed a contempt of court. The decision proceeded on the footing that the tenant for life had the right to turn out the yearly tenant and...

...landlord was to going to create a new tenancy, and the mere fact that a solicitor, in order not get possession, gave another notice to quit, is not, in my judgment, any reason for inferring any agreement...plaintiff entitled to recover additional money of Rs. 100 p.m. from 18.1.1958 onwards ?" The trial Court came to the conclusion that the tenancy came to an end with effect from 30th September, 1968 and...canvassed before the appellate Court was with regard to the date from which the tenancy came to an end. On behalf of the landlord it was contested that the tenancy had come to an end with effect from...

...Clauses (i), (f), (a) and (b) respectively of Section (13)(1). Premises Tenancy Act, 12 of 1956. In case the tenant would fail to quit, as demanded, the solicitor, the giver of the notice...firm, was the tenant on a rent of Rs. 2,000 a month. The remaining defendants, 21 strong, were the sub-tenants of the first defendant. By a notice dated March 18, 1959, “Binani's” solicitor, Shri D.K...Mitra, determined the tenancy of the first defendant with effect from the following April's end, mentioning therein four grounds of eviction: (1) default in payment of rent from August 25, 1958, to...

...determined the tenancy with the expiry of the April month of the tenancy; but it is apparently invalid because it does not allow the tenant the period required by...not disputed that the tenancy was from month to month according to the English calendar, beginning with the first and ending with the last day of the month. According to the plaintiffs, the lease was...Balarambhai in his personal capacity cannot be availed of by the plaintiffs to determine the tenancy.(c) That the notice Ex. D-2 is not valid as it is not in accordance with...

...after the expiry of the first notice. If there is no agreement, express or implied, for anew tenancy the mere fact that the landlord's solicitor, to get possession gives another notice to quit is not...part of the tenants that the issue of a second notice ipso facto neutralizes the effect of the first in the determination of the tenancy. The wording of section 113 is clear enough and the same principle...: "Where a notice to quit has been given, a subsequent notice to quit is of no effect unless it can be inferred from other circumstances that a new tenancy has been created...

...submitted that the said certificate was given by the solicitor after search and verification of encumbrance in the Registrar’s office where the tenancy rights are not registered and therefore, the...mere absence of assessee’s name in the title certificate given by the solicitor did not in any manner affect the genuineness of the assessee’s tenancy.9. In reply, the learned...:1.The learned CIT(A) erred in confirming addition of Rs. 39,95,000 on account of receipt of a residential flat by the appellant on surrender of tenancy right.2...

...tenant that the tenant for life required him to withdraw the writ and threatened him that, if he did not comply, tenancy would be determined, It was held that the solicitor had not committed a Contempt of...injunction to restrain an alleged trespass on his land. The solicitor of the tenant for life of the estate wrote to the local authority with a view to arrange the matter and at the same time wrote to the...

...Bank's Solicitor is not an admission of the tenancy because if the document is construed as a whole then it is not only an admission. It is also an assertion of the Bank's case of licence. Regarding...under s. 13(6) of the W.B.P.T Act, ultimately they resiled from that portion and treated the appellant No. 1 as a licencee to evade the provisions of the Tenancy Act and to...the Paper Book in 6 paragraph) it has been stated as follows:—“In the alternative, if you claim to be a tenant, notice is hereby given terminating the tenancy on the expiry of the month...

...paid Rs. 5,00,000/- on 16.12.1994 being part of refundable deposit of Rs. 1.6 crores for acquiring the tenancy rights of a flat in a building to be constructed at Pereira Road, Bandra (W), Bombay.... Pimenta, the Archbishop of Bombay. The developer; in turn entered into agreement with the third parties for allotment of the flats on tenancy right by accepting the advances. The assessee paid the said...amount of Rs. 5 lakhs being part payment of refundable deposits to the contractor/developer for giving the tenancy rights in the proposed flats No. 1 at 19th floor to be constructed. The project could...

...did not comply, his tenancy would be determined. The tenant moved the Court to commit the solicitor for contempt of Court for sending him letters calculated to deter him from prosecuting the action...representating the Soulmari Ashram and Sri S.N Choudhuri, the fourth opposite party is their Solicitor on record.2. The main and the only ground for contempt is stated to be a letter written by...the Solicitor opposite party S.N Chaudhuri to the petitioner dated 16th August, 1965 in which the solicitor under instructions from the first three opposite parties and members of the Soulmari Ashram...

...the tenant the landlord's solicitor mr. S. C. Laha wrote to the defendant's lawyer requiring the defendant to take out letters of administration for the tenancy right of the deceased tenant and in...alia, in respect of the said tenancy. (2) The plaintiff's case is that on her death the power granted by her also came to an end. The plaintiff does not dispute that the defendant is...tenancy right of the deceased could not vest in her nor could she inherit the same without a grant of the letters of administration being made in her favour by the competent court in respect of such...