Civil Suit No. 48 of 1948 on 22nd October, 1951, a composite tenancy of a shop on the Mall with residential flat above it came ... tenancy by saying that it was a single contract of tenancy under which premises were let out and it has always been treated as composite
house. The said situation is
present since inception of tenancy. The tenancy was incepted for composite purposes.
The front portion of tenanted premises is shop ... concealment and suppression of material
facts has tried to divide one composite tenancy in two parts. The petitioner has recently
sold ground floor of adjacent
house. The said situation
is present since inception of tenancy. The tenancy was incepted for composite
purposes. The front portion of tenanted premises is shop ... site plan concealing the area of the shop as part of composite tenancy.
The petitioner has concealed to be in possession of one room
detail and found that in fact
there was a common/ composite tenancy and not individual tenancy
created in favour of four defendants each. Learned Single ... argument was sought to be raised that
this was not a composite tenancy but it was an individual tenancy.
The learned Judge rightly commented that
been converted into a corporate form in 1960 even before the composite tenancy was created. Nothing further is alleged to have or has in fact ... taken place after the creation of the composite tenancy which would possible constitute an act of parting with possession. The act of parting with possession
single Judge hearing this appeal:
"In the case of a composite tenancy, if it is established that the landlord requires the non-residential part ... counsel for the respondent, contended that in the case of a composite tenancy, the landlord had to establish requirement of residential as well
were
let out by the respondent to the petitioner on a composite
tenancy i.e. for residence as well as business. It is submitted
that ... Bombay
Rent At 1947, which is not applicable to a composite tenancy
as the same is restricted to tenancy which is given for
residential purposes
difference between (a) A composite tenancy or a tenancy for a mixed purpose, and (b) An integrated contract of tenancy for dual purposes. In Nilesh ... tenancy premises into compartments. But, in case of tenancy of type (b), which is a single tenancy for dual purposes, the contract of tenancy
shop no. 2 and 3 or whether there was
one single composite tenancy @ Rs. 4,800/- per month.
Therefore, mere deposition of rent before ... fact whether there
were two separate tenancies or single composite tenancy
@ Rs. 4,800/- per month.
Hence, in view of the above mentioned reasons,
objections
shop no. 2 and 3 or whether there was
one single composite tenancy @ Rs. 4,800/- per month.
Therefore, mere deposition of rent before ... fact whether there
were two separate tenancies or single composite tenancy
@ Rs. 4,800/- per month.
Hence, in view of the above mentioned reasons,
objections
