Showing : 61-70 of 2185 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and Eviction-- Sub letting - Transfer of interest in tenancy leading to creation of third party interest - Sub letting of premises for commercial purpose agreed to by the parties - However, transfer of interest in tenancy leading to creation of third party interest in the suit property could not have been done..........
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..........
KERALA HIGH COURT
Year of decision: 2017
Details
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12, 11(9)-- Rent control petition - Maintainability - Arrears of rent - In the instant case, respondent/tenant seeks amendment to objection so as to incorporate pleadings challenging maintainability of rent control petition u/s 11(9) of the Act - Requirement u/s 12 of the Act being condition precedent to..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Eviction petition - Omission on the part of tenant or his counsel to know next date fixed in the case clearly appears to willful in nature - Record reveals that counsel of tenant present on the date fixed for hearing - But no such challenge regarding presence of..........
KERALA HIGH COURT
Year of decision: 2017
Details
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12-- Rent Control petition - Maintainability - Where landlord and tenant relationship is admitted, challenge against maintainability of rent control petition will fall under expression `contest' as contemplated u/s 12 of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Lease deed-- Suit for possession - Maintainability - Once the document under which lessee claims to be tenants is void ab initio, possession of lessee cannot be accepted as a tenant holding over - Possession of lessee is unauthorized and therefore, suit for possession is maintainable...........
DELHI HIGH COURT
Year of decision: 2017
Details
Delhi Rent Control Act, 1958, Section 14(1)(e)-- Rent and eviction - Bonafide requirement - Payment of user charges from date of eviction order during pendency of revision petition - As per evidence on record, there is no other comparative lease shown by tenant - Direction for payment of user charges @ Rs.80,000/-p.m. alongwith arrears held,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Possession-- Claim on the basis of sale deed - Defendant claiming to be tenant - Recital in sale deed that defendant is in possession - Such recital in no way confer status of tenant on defendant in the absence of any independent evidence adduced by him to prove creation of tenancy - No benefit could thus be..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 8-- Arbitration - Civil suit for eviction - Suit filed on the basis of lease deed containing arbitration clause - Application u/s 8 by tenant - Held, eviction suit arising out of lease deed is maintainable before Civil Court, despite existence of arbitration clause in lease deed - Application rightly..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and Eviction-- Leave to defend - Declined - High Court in its interim order directed tenant to pay a sum of Rs.1.25 lacs every month as rent - Rent fixed stated to be on higher side - Without going into merits of case, tenant directed to pay amount of Rs.40,000/- p.m towards use and occupation charges of suit..........

Showing : 61-70 of 2185 Results