Showing : 11-20 of 231 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Rent and Eviction-- Eviction petition - Death of tenant - Necessary parties - On death of tenant legal heirs inherit tenancy as joint tenants - Occupation of one of the tenant is occupation of all the joint tenants - It is not necessary for landlord to implead all legal heirs of the deceased tenant, whether they are..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and Eviction-- Property tax recoverable from tenant u/s 67(3) of the New Delhi Municipal Council Act, 1994 as arrears of rent by the landlord/owner - Cannot be considered to be forming part of the rent for the purpose of seeking eviction or ejectment of such tenant who defaults in payment of such recoverable tax..........
MEGHALAYA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Tenant filed suit on the apprehension that landlord attempting to deny his right as a tenant and was threatening to dispossess him without following due process of law - However, subsequently landlord filed suit for eviction - Neither apprehension of..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii)-- Rent and eviction - Bonafide requirement - Required ground floor of building let out to tenant for business - Admittedly, landlord doing business of manufacturing and trading in rental premises - However, first floor of the premises is with landlord which is used by landlord for keeping his files..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Tenant seeking permission to produce photocopy of agreement on ground that original is with landlord - Application does not state in whose possession original was when photocopy was made, where, when and by whom it was made and purpose of original being photocopied - Tenant in..........
KERALA HIGH COURT
Year of decision: 2017
Details
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(1)-- Rent and eviction - Denial of title of landlord or claim of permanent tenancy by tenant should be answered at first, before proceeding with application u/s 12 of the Act, otherwise, it will defeat valuable right of tenant to defend petition u/s 11(1) second proviso - Therefore, Courts are bound to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Eviction petition - First Appellate Court found on admission that there was landlord-tenant relationship - After entering such a finding, eviction was ordered only on the ground of arrears of rent - There is no dispute on these facts - Concurrent findings as regarding right to sell..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and eviction-- High Court dismissed the eviction petition with liberty granted to landlord to file fresh application - However, no notice was issued to tenant - No prejudice caused to tenant as eviction application to be filed by landlord would be proceeded de novo - Notice to tenant thus, not required - Order..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and Eviction-- Eviction order - Concession in High Court by landlord that tenant can retain shop by paying enhanced rent - Denial thereof - Contention of landlord not convincing as High Court clearly recorded submission made by counsel for the landlord stating that he has no objection for the tenant to retain..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Eviction petition - Amendment sought to incorporate subsequent event whereby landlord agreed to sell the property in question in favour of tenant/defendant - However, agreement not signed by landlord on the basis of which amendment is sought - Amendment as such on..........

Showing : 11-20 of 231 Results