Showing : 141-150 of 1345 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23-- Eviction order - Jurisdiction of Tribunal - Tribunal constituted under the Act is not empowered to order eviction of a tenant in a building for the benefit of a parent or senior citizen, as Tribunal has no jurisdiction to take away the rights conferred on a tenant under rent control legislation...........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 20, Rule 12-- Eviction decree - Mesne profits - Unlawful occupant - Once a decree of eviction is passed, tenant becomes an unlawful occupant and therefore, any contract between parties also comes to an end - Consequently, lease deed or escalation clause herein would not be determinative for fixing mesne profits..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Punjab Tenancy Act, 1887, Section 59-- Gair marusi rights - Right to succession of occupancy tenant is strictly to male lineal descendants only - Since daughter is not an heir to such tenancy, occupancy rights cannot devolve upon any female member in the family...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 104-- Conferment of proprietary rights - Proprietary rights qua suit land exclusively conferred upon defendant No.1 u/s 104(3) of Act on basis of affidavit filed by plaintiff in which he admits that he was not tenant with defendant No.1 - However, said right was obtained on illegal order passed by..........
DELHI HIGH COURT
Year of decision: 2016
Details
Delhi Rent Control Act, 1958, Section 19, 38-- Rent and eviction - Suit for possession by landlord - Power of Rent Control Tribunal - Power is though limited to substantial question of law, but where finding is based on no evidence or relevant and admissible evidence is not taken into consideration or legal principles wrongly applied or..........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Money suit - Claim of share of rent by co-owner - Entitlement to part of rent by virtue of having 2/3rd share of plaintiff in suit property, is admitted by defendant himself - Said admission operates as an estoppel against defendant and he cannot be allowed to resile for it..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
West Bengal Premises Tenancy act, 1956, Section 17(2), 17(3), Constitution of India, 1950, Article 227-- Rent and eviction - Recovery of possession - While disposing application u/s 17(2) of the Act, Court shall be careful to find out whether relationship of landlord and tenant exists between parties or not - However, in the instant case, trial Court ignored this main issue while disposing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Rent and eviction-- Finding of civil Court regarding relationship between parties is binding on Rent Controller - Tenant having denied the title of his landlord has disentitled himself from seeking protection of Rent Act and consequently liable to be evicted on this ground...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125-- Eviction - Mesne profit - Interest - After rate of contractual rent comes to an end on eviction order being passed, tenant is liable to pay mesne profits - However, it is for Courts to make balance between mesne profits at market rates and reasonable compensation assessed at real value of..........

Showing : 141-150 of 1345 Results