Topic
The Delhi High Court held that a tenant’s unequivocal denial of the landlord-tenant relationship triggers forfeiture under Section 111(g) TPA, overcoming the Section 50 DRC Act bar. The decision lets landlords regain possession on repayment of the security deposit, impacting tenants who deny the tenancy.
The Court held that admissions of tenancy and rent payment in a written statement sustain a possession decree under Order XII Rule 6 CPC, removing the need for separate tenancy proof, and that an eviction suit itself is a valid notice to quit, simplifying landlord recovery.
An unregistered firm in occupation as a licensee on 1 Feb 1973 can claim statutory tenancy under Section 15-A of the Bombay Rent Control Act, despite non-registration under the Partnership Act. It shields such licences from losing rent-control protection.
The Calcutta High Court held that filing an eviction suit itself is a notice to quit under Section 106 TPA. This restores landlords’ right to possession and allows recovery of mesne profits without a separate notice.
An agreement to sell a premises and receipt of part-payment cannot by themselves terminate an existing lease; only a surrender under Section 111 of the Transfer of Property Act ends tenancy. This clarifies that landlords must obtain a formal surrender before evicting tenants, protecting occupants in similar sale-related disputes.