Transfer of Property Act , there comes into existence an oral
tenancy which is on month to month basis and there cannot be an
arbitration clause ... such a case, the tenancy is oral. It is unknown that in a case
of oral tenancy, an arbitration clause can be invoked.
Pertinently, Apex
building situate in the said property. On the basis of the oral tenancy, the building with appurtenant land was rented out by the petitioner ... wife and on the basis of the oral tenancy, the building was occupied by the office of the ITI and the students
fabricated. It was further pleaded that Smt. Adar Kaur created
perpetual oral tenancy in his favour and therefore, the present suit is
not maintainable ... eviction.
SUBMISSION OF DEFENDANT/APPELLANT HEREIN QUA
TENANCY BEING PERPETUAL ORAL TENANCY
20. Ld. counsel for the appellant has submitted that late Smt. Adar
Kaur
defendant/appellant on 18.09.2014 submitting therein that there is an oral
tenancy under the ownership of the property of plaintiff no.2. Finally, the suit ... tenant for the last around ten
years on the basis of oral tenancy between him and plaintiff no.2. He was
paying a rent
even if it is presumed that the plaintiff is alleging
oral tenancy, yet some substance appears to be there in the
contention of counsel ... again highly improbable that
defendant no.1 would opt for oral tenancy with plaintiff, with whom
she already had bitter experience as he had dragged
mother and in destitution. The fact that the said so called oral gift
claimed reduced to writing under Ex.A.1 with plan ... September,1985; said Osman is a material witness if it is oral tenancy or
at least any document in proof of his continuation
already in occupation of the premises in question by way of oral
tenancy and she was aged 25 years at that time
Advocate.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J. (ORAL)
1. By the present petition, the petitioner/landlord seeks to impugn ... inducted by the predecessor in interest of the petitioner under an oral
tenancy. The respondents inherited the tenancy rights on the death of
Sh.Narayan
first floor.
19 The evidence thus collated on this point, (both oral and documentary),
shows that there is one hall on the first floor ... purposes of a rent note. Even assuming that there was an oral tenancy
(although belied by the fact that a written rent note has been
that he was inducted into the property in question by an oral tenancy
CM(M) 671/2016 Page 2 of 6
in September ... Further, the alleged tenancy relied upon by the petitioner is an oral
tenancy allegedly of 2011. No cogent receipts of banking transactions are
placed
