Showing : 1-10 of 15 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Rent and eviction-- Default in payment of municipal tax - Municipal taxes were included in monthly rent payable under tenancy agreement - Even amendment of 2001 to West Bengal Premises Tenancy Act cast obligation on tenant to pay municipal taxes - Tenant nowhere denied his liability to pay his share of municipal tax..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and eviction-- Arrears of rent - Whenever arrears of rent is allowed to be paid in instalments, beneficiary shall be granted interest - This is irrespective of the justification or explanation, if any, available for the non payment. (West Bengal Premises Tenancy Act, 1956, S.17(2-A)..........
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..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
West Bengal Premises Tenancy Act, 1997, Section 7-- Rent and eviction - Arrears of rent - Delay in deposit of rent - Non-compliance of direction issued by Court - A right accrues to the opposite party to get defence of defendant struck out against delivery of possession by operation of law...........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
West Bengal Premises Tenancy Act, 1997, Section 44-- Rent & Eviction - Urgency of repair work - Civil Court's jurisdiction is not ousted when application for appointment of Local Inspection Commissioner is prayed for to ascertain the urgency of repair work - If such urgency is seen from the Commissioner's report in that case by exercising power..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
West Bengal Premises Tenancy act, 1956, Section 13(4)-- Eviction - Reasonable personal requirement - Partial eviction - Duty of Court - Held, provision contained in the Act of 1956 mandates Court to consider whether partial eviction as contemplated therein should be ordered or entire building should be directed to be vacated - However, while deciding..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Permissibility - Eviction suit - By way of amendment additional relief of declaration sought in respect of earlier ex parte decree passed in favour of predecessor of respondent/tenant declaring suit property as "Thika property" - Predecessors of petitioners were parties to..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
West Bengal Premises Tenancy Act, 1997, Section 17(4A), 20-- Fixation of fare rent - Premises let out for commercial purposes at the monthly rent of Rs.2250/- - Tenancy subsisting for more than 20 years - Landlord served notice u/s 20 of the Act on the tenant indicating his intention to increase the rent five fold - Landlord contended that S.17(4-A)..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Rent and Eviction-- Tenant dismantled collapsible gate and when protested tenant threatened landlord to kill him - Tenant putting up a concrete elevation of floor - Amounts to doing acts contrary to the provisions of Rent Act - Order of eviction, upheld. (Transfer of Property Act, 1882, S.108, West Bengal Premises..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
West Bengal Premises Tenancy act, 1956, Section 13(1)(e)-- Eviction - Threatening to kill the plaintiff, beating the son of plaintiff and abusing him with filthy language amounts to nuisance and annoyance, furnishing a ground of eviction under clause (e) of S.13(1) of the Act...........

Showing : 1-10 of 15 Results