single eviction petition. It is stated that there is one composite
tenancy comprising of the complete front portion. It is submitted that the area ... respondent is a shop without
partitions and that there is one composite tenancy comprising of the entire
front portion.
37. In order to succeed
heirs of deceased
M J Shantha Kumar and it is a composite tenancy
and he is the sole tenant of SCHEDULE A and B
portion
first floor in his tenancy and since there is one composite
tenancy for the said accommodation on the two floors, one eviction petition
question as to whether the tenancy
is solely for residential purpose or for commercial
purpose or for composite purpose, i.e., for both
residential ... much
detail, we are of the view that if the tenancy is for
composite purpose because some portion of
tenanted premises was being used
appellant that tenancy was created by the appellant
even though two rent receipts are issued and
defendant/respondent has admitted such single
tenancy ... composite payment of rent
for two portions of the building in which separate portion of the
tenanted premises exist in as much as the composite
plaintiff was that when notice was served upon the tenant terminating his tenancy the suit had to be decreed and the defendant ... therefore, it could not be said that tenancy was of a single composite building, of which the rent was Rs. 2250/- per month. The defendant
tenancy though there
were different violations in different portions of the
tenancy. Notice dated 15th December, 1987 is stated to be
composite notice ... Buildings
(Lease and Rent Control)Act, 1965 to contend that even if
tenancy is created in part of the premises, the
entitlement for eviction
lease deed, there can be no two
opinions that the tenancy was joint /composite and
not individual one. Therefore, on these admitted
facts the view ... them in this regard. But it is claimed that on expiry of tenancy on
31.10.2017, plaintiff offered that defendant can continue in the
tenancy that
lease deed, there can be no two
opinions that the tenancy was joint /composite and
not individual one. Therefore, on these admitted
facts the view ... them in this regard. But it is claimed that on expiry of tenancy on
31.10.2017, plaintiff offered that defendant can continue in the
tenancy that
lease deed, there can be no two
opinions that the tenancy was joint /composite and
not individual one. Therefore, on these admitted
CS No. 1632