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Apr 27 1977

Smt. Shyam Kumari and ors. Vs. Ejaz Ahmad Ansari

Court : Allahabad

Decided on : Apr-27-1977

Subject : ContractTenancy

Acts : Contract Act, 1872 - Sections 56; Transfer of Property Act, 1882 - Sections 108

Reported in : AIR1977All376

the facts and the circumstances of the case doctrine of frustration as contained in Section 56 of the Contract Act will apply and whether the tenancy was automatically terminated after the building had fallen down?2. Whether on

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Mar 22 1960

Lakshmi Chand Vs. Pt. Niader Mal

Court : Allahabad

Decided on : Mar-22-1960

Subject : ContractTenancy

Acts : Contract Act, 1872 - Sections 2, 16 and 23

Reported in : AIR1961All295

Control of Rent and Eviction Act. Such an agreement would be unlawful under Section 23 of the Indian Contract Act and a defence founded on an illegal tenancy cannot even he entertained by the Court. 5. Mr.

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Dec 04 1918

Periakaruppa Mukkandan and ors. Vs. B. Raja Rajeswara Sethupathi Alias ...

Court : Chennai

Decided on : Dec-04-1918

Subject : ContractTenancy

Reported in : 50Ind.Cas.616; (1919)36MLJ320

demand under an original contract to pay rent at rates varying with the crops, a well-known kind of tenancy recognised in Section 29 of the Madras Estates Land Act, 1908, which may well have become payable under … been some discussion as to the meaning of the words 'liability to pay enhanced rent on an alleged contract to pay' in the question referred to us. Whether or not these words are wide enough to cover,

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Aug 30 1974

Jatindra Kumar Dass Vs. Dhirajlal Vrajlal Kanakia

Court : Kolkata

Decided on : Aug-30-1974

Subject : ContractTenancy

Acts : Transfer of Property Act, 1882 - Section 108; ;Code of Civil Procedure (CPC) 1908 - Order 1, Rules 6 and 10 - Order 6, Rule 17; ;Partnership Act, 1932 - Sections 2 and 25; ;Contract Act, 1872 - Section 43

Reported in : AIR1975Cal123

has been connected with the firm for more than 25 years. He stated that there was a oral contract between the plaintiff and one Vrajlal Dhulabhdas Kanakia the then senior partner of the firm. He knew the … that the defendant was the tenant as alleged. It was further alleged that under a verbal agreement of tenancy between the plaintiff and the firm, the plaintiff was bound to keep the said go-down wind and water-tight

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Sep 16 2005

Devasahayam (D) by Lrs. Vs. P. Savithramma and ors.

Court : Supreme Court of India

Decided on : Sep-16-2005

Subject : ContractTenancy

Acts : Andhra Pradesh Court Fee and Suit Valuation Act - Sections 20 and 24A; Code of Civil Procedure (CPC) - Order 7, Rule 7; Rent Control Act; Andhra Pradesh Building (Lease, Rent and Eviction) Control Act, 1960 - Sections 10, 10(1), 10(2), 12, 13 and 80; Transfer of Property Act, 1882 - Sections 53A, 54, 106 and 111; Madhya Pradesh Accommodation Control Act, 1961 - Sections 12(1); Rajasthan Rent Restriction Act; Constitution of India - Article 136

Reported in : AIR2006SC779; 2005(5)CTC52; JT2005(8)SC361; RLW2006(2)SC969; (2005)7SCC653

in the year 1997 he came to learn thereabout whereafter the said suit for specific performance of the contract was filed. During the pendency of the suit, the Respondent alienated the suit property in favour of the … as under:'i) This defendant submits that the plaintiffs who are the tenants of the defendants since, denied the tenancy and the relationship of Land Lord and Tenant and falsely set up the plea of oral agreement of

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Jul 11 2005

Rabindra Kumar Paul Vs. Satyendra Kumar Mookherjee

Court : Kolkata

Decided on : Jul-11-2005

Subject : ContractTenancy

Acts : Contract Act - Section 56; ;Specific Relief Act - Section 16; ;Limitation Act, 1963 - Section 56 - Schedule - Article 54; ;West Bengal Premises Tenancy Act

Reported in : 2005(3)CHN486,2005(2)CTLJ499(Cal)

J.1. This first appeal is at the instance of a plaintiff in a suit for specific performance of contract and is directed against the judgment and decree dated September 26, 1997 passed by the Civil Judge, Senior … We shall presume that the parties well knew that according to the provisions of the West Bengal Premises Tenancy Act it would not be possible to force a tenant to vacate and that it was also not

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Jul 19 2004

Ram Autar (Deceased by Lrs) Vs. Ram Prasad and ors.

Court : Allahabad

Decided on : Jul-19-2004

Subject : ContractTenancy

Acts : Contract Act, 1872 - Sections 73; Evidence Act, 1872 - Sections 13 and 43

Reported in : AIR2004All430

law. The tenants acknowledged Hanuman Prasad as landlord of the tenanted shop and attorned the contract of the tenancy although the shops were let out by the present plaintiff appellant. The trial Court has totally ignored the … in two portions. The maps of respective portions have been annexed with the sale-deeds. There was privy of contract and transaction and separate warranty of title and as such both the sale-deeds could not be clubbed together.

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Jul 11 1933

Narayan Balkrishna Thakurdesai Vs. Vaman Narayan Bhave

Court : Mumbai

Decided on : Jul-11-1933

Subject : ContractTenancy

Reported in : AIR1933Bom475; (1933)35BOMLR1015; 147Ind.Cas.360

agreed to sell the suit land to one Nilkanth Desai for Rs. 400, and in pursuance of the contract the consideration was paid to the plaintiffs. As to the payment of the consideration the evidence is not … for possession of the lands alleging that the defendant was an annual tenant. The defendant set up permanent tenancy. Both the Courts found against him on the point. The finding is supported by evidence. It was contended

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Feb 09 2001

Balu Baburao Zarole and ors. Etc. Vs. Shaikh Akbar Shaikh Bhikan and o ...

Court : Mumbai

Decided on : Feb-09-2001

Subject : ContractTenancy

Acts : Specific Relief Act, 1963 - Sections 20; Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 43

Reported in : AIR2001Bom364; 2001(3)ALLMR95; 2001(3)BomCR255

that the Plaintiff who had paid the entire consideration had established his readiness and willingness to perform the contract. The Trial Court held that the Plaintiff was entitled to specific performance of the contract subject to the … Original First Defendant, whose heirs are the Appellants, became a deemed purchaser under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, and the purchase price was fixed at Rs. 20,032/-. The First Defendant was

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Feb 18 1993

Smt. Gangabai W/o Gangadhar Agrawal Vs. Travellers' Lodge, Gondia and ...

Court : Mumbai

Decided on : Feb-18-1993

Subject : ContractTenancy

Acts : C.P. and Berar Letting of Houses and Rent Control Order, 1949

Reported in : 1994(3)BomCR86

of the partners, the partnership will not dissolve. Under section 35 of the Partnership Act, where under a contract between the partner the firm is not dissolved by the death of a partner, the estate of a … would be the necessary parties. It has further been contended that there cannot be any dispute that statutory tenancy in respect of the commercial premises is heritable and the heirs of statutory tenants are entitled to the

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