In a suit for possession by the landlord against his tenant, a sub-tenant is a

The expression "holding over" under the Transfer of Property Act, 1882 is used in the sense of retaining possession. A distinction is made between a tenant continuing in possession after the determination of the lease without the consent of the landlord, and a tenant doing so with the landlord's consent:

A

The former is called a "tenant by sufferance" and the latter class of tenants is called "tenant holding over a tenant at will"

B

The former is called "tenant holding over a tenant at will" and latter is called "tenant by sufferance"

C

Former is called sub-tenant latter is called forfeiture lessor

D

None of the above

In a suit for partition, a Memorandum of Family Settlement is filed and on this basis the partition suit is decreed, but even after disposal of the suit the original Memorandum of Family Settlement remains in the file of the partition suit, then in such situation whether in a suit for eviction by one of the original co-owner of a tenant of a shop of the joint property which has fallen to the share of that co-owner as per the decree passed on the Memorandum of Family Settlement, can the certified copy of the Memorandum of Family Settlement be filed and proved as a public document in the suit against the tenant?

A

No, it cannot be because the original Memorandum of Family Settlement document which exists in the suit for partition which is disposed of, is a private document and not public document under Section 74 of the Evidence Act

B

Yes, if a certified copy is obtained of the Memorandum of Family Settlement, and filed in the suit against the tenant, as the certified copy being issued by a court, is a public document

C

Yes, certified copy obtained from a court of the Memorandum of Family Settlement will be a public document provided that the suit was filed and disposed of by a High Court and not the District Court

D

Yes provided the certified copy of the Memorandum of Family Settlement is sought to be proved by the executants of the memorandum of settlement

To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition

A

1, 2

B

3, 4

C

2, 4, 5

D

All of these

Choose the correct answer
(1) A trustee may also be a beneficiary and can be the sole beneficiary
(2) A trustee may also be a beneficiary, but cannot be the sole beneficiary
(3) A donor may also constitute himself a trustee, and though remaining in possession, may transfer legal possession by declaring his possession as donee's.
(4) A donor may also constitute himself a trustee, and though remaining in possession, cannot transfer legal possession by declaring his possession as donee's.

A

(1), (3)

B

(1), (4)

C

(2), (3)

D

(2), (4)

A' the tenant files a suit for permanent injunction against 'B' the landlord for not to be dispossessed except by due process of law pleading that 'B' is planning to forcibly dispossess him. During the pendency of above suit, 'B' attempts to forcibly disposes 'A'. 'A' files another suit for injunction.

A

The second suit is barred by res judicata

B

The rule of res sub judice will apply

C

Both A and B

D

None of the above

Under Limitation Act, 1963, the period of limitation for a suit by landlord to recover possession from a tenant after determination of tenancy is

A

Thirty years

B

Twelve years

C

Three years

D

One year

In which of the following case, the Supreme Court held that "Once the period of lease expires, the relationship of landlord and tenant ceases, and the tenant becomes a trespasser and, therefore, there is no question of service of any notice under Section 106 Transfer of Property Act"?

A

Shanti Devi v. Amal Kumar Banjerjee, AIR 1981 SC 1550

B

P. C. Cheriyan v. Barfi Devi, (1980) 2 SCC 461

C

ldandas v. Anant Ramm Chandra Phadke, AIR 1982 SC 127

D

None of the above

Mere agreement to sell the leased property to tenant would not terminate the landlord - tenant relationship was held by supreme court in which judgement:

A

Dr. H. K. Sharma v Shri Ram Lal

B

Dharam Singh v Prem Singh

C

Shivnarayan (D) by LRs v Maniklal (D) by LRs

D

None

If no specific place is agreed regarding payment of rent between landlord and tenant then the tenant will pay the rent:

A

In the business place of the landlord

B

In the residential house of the landlord

C

The landlord will come to the tenant and receive

D

Rent will be deposited in Bank account of landlord

Which provision of Code of Civil Procedure, 1908 debars a tenant from filing inter-pleader suit against his landlord?

A

Section 88

B

Section 90

C

Order XXXV Rule 3

D

Order XXXV Rule 4

E

None of the above

In a suit for possession by the landlord against his tenant, a sub-tenant is a

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