Showing : 21-30 of 231 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and eviction-- Sub-letting - Tenant sub-let the premises in question to his so, i, law for doing business under a partnership agreement - No consent in writing was obtained by tenant from landlord before sub letting the premises - Occupation of shop by so, i, law of tenant amounts to sub-letting and liable for..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97-- Execution - Eviction - Plea of ownership - Suit already pending with regard to legal status wherein decree holder also impleaded as a party - Said suit shall take its own course - Moreover, it is surprising that in execution proceedings relating to eviction decree, how could the petitioner be..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 116-- Derivative title of an Assignee/Vendee - Tenant is estopped from challenging title of landlord during continuation of tenancy - However, tenant/lessee is entitled to challenge the derivative title of an Assignee/vendee of original landlord in an eviction brought by assignee/vendee against tenant..........
SIKKIM HIGH COURT
Year of decision: 2016
Details
Constitution of India, 1950, Article 371F(k), Gangtok Rent Control and Eviction Act, 1956, Section 4-- Rent and eviction - Bonafide requirement - Landlord and his wife retired from their government services and they require premises for the purpose of selling computer spare parts and accessories to augment their income to medical education of their daughter and preparation for her future - Even,..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c)-- Eviction order on ground of reconstruction of building - Tenant has right of re-induction in the building reconstructed by landlord on payment of rent to be settled taking into consideration the rent of similar space prevalent in the market...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 15, Rule 5-- Eviction suit - Striking off defence - Denial of existence of landlord and tenant relationship by tenant - Tenant may not be required to deposit amount admitted to be due at or before first hearing of suit but he would still be required to deposit monthly amount due within a week from the date of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(iii)-- Eviction - Material alterations - Onus is on landlord to prove - It is landlord who has to prove that alterations carried out by tenant have materially impaired the value and utility of the premises - Value and utility has to be seen from the perspective of landlord which has to be substantiated..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i), (v)-- Eviction petition - Cased to occupy - Tenant without any reasonable cause ceased to occupy demised premises continuously for a period of 12 months prior to filing of petition - No evidence on record that during that period, tenants actually resided in tenanted premises which they could lead by..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 105-- Lease - Non-payment of rent - Plaintiff being a lease holder of suit property sub let the property to defendant with permission of original lessor - Prima facie relationship of landlord and tenant had established between plaintiff and defendant - Mere plea of voluntarily attornment to original..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- Eviction - NRI landlord - Leave to defend - Defence of tenant is that requirement of landlord not bonafide and he is interested in increasing the rent - However, landlord in his notice clearly stated that amount of rent was substantially lower than market rent and as such taxes and charges..........

Showing : 21-30 of 231 Results