Whether the terms and conditions in the mortgage deed dated 20.4.1943 amount to clog on equity of redemption?
Whether the decree passed is bad for want of jurisdiction with trial court?
Whether the mortgagees are entitled to get interest on 10,000 koris?
The rights and liabilities of the mortgagor are controlled by the provisions of section 60 of the Transfer of Property Act, 1882.
Whether or not the lease deed evidences a perpetual grant to the lessee on the terms and conditions contained in the lease deed?
It is always open to a lessee of whatever description to surrender his leasehold interest to the lessor, by mutual consent. The surrender was to be in express terms agreed to by the parties, at any time after the lapse of the initial period of twenty years. Such a stipulation for the benefit of the lessee cannot be construed as in derogation of the permanency of the tenure, if the parties otherwise agreed to create such a tenure.
Whether the plaintiff's suit for ejectment was not maintainable without a notice under Section 106 of the Transfer of Property Act, 1882?
The lease was a lease for a definite term and, therefore, expired by efflux of time by reason of Section 111(a) of the Transfer of Property Act. That being so, the service of a notice under Section 106 of the Transfer of Property Act was not necessary.
Whether or not, a petition under Section 21 (1)(h) of the Karnataka Rent Control Act, for eviction of a tenant under a contractual fixed term lease, would be maintainable on the ground of reasonable and bona fide requirement of the landlord?
There is nothing to indicate nor it has been held in any case that in view of Section 21 of the Karnataka Rent Act a contract of fixed term tenancy stands obliterated in totality. Nothing has been indicated by reasons of which it can be concluded that a contract of tenancy loses significance on coming into force of the Karnataka Rent Act.
Whether the document executed by the parties is a Lease or a License?
The following propositions may, therefore, be taken as well-established:
To ascertain whether a document creates a licence or lease, the substance of the document must be preferred to the form;
The real test is the intention of the parties - whether they intended to create a lease or a licence;
If the document creates an interest in the property, it is a lease; but, if it only permits another to make use of the property, of which the legal possession continues with the owner, it is a licence; and
If under the document a party gets exclusive possession of the property, prima facie, he is considered to be a tenant; but circumstances may be established which negative the intention to create a lease.
What is the nature of a licence that is granted to the respondent by the appellant under the DPSL agreement?
Licences can be of different kinds. Some licences with reference to use of immovable property may be very wide, virtually bordering upon leases. Some licences can be very-very narrow, giving a mere right enabling a person to visit a premises. All licences cannot be treated on the same footing.
Whether a mother is responsible for maintenance of her daughter who had attained majority and who does not suffer from any physical or mental abnormality or injury because of which she was not able to maintain herself?
Section 125 of CR.P.C. explains that a child, who had attained majority (not being a married daughter) can claim maintenance only if she is unable to maintain itself because of any physical or mental abnormality or injury.
Whether a mother can claim maintenance from her son even if her husband is alive but unable to maintain?
Parents can claim maintenance from their children if they are in no position to take care of themselves, and even if one parent is earning yet not sufficient enough to maintain both of them then they claim maintenance from children.
Whether parents can claim maintenance from daughter?
That section 125(1)(d) has imposed liability on both the son and the daughter to maintain their father or mother who is unable to maintain himself or herself.
Whether the Appellant married Lakshmi before his marriage with the Respondent?
Whether the maintenance under sec.125 CrPC be granted to the respondent?
When a person is not given a chance to hear then principles of natural justice are violated.