Eviction

Supreme Court Upholds Civil Court Jurisdiction in Eviction Disputes: Himangni Enterprises vs. Kamaljeet Singh Ahluwalia (2017)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 8, Civil Law, Delhi Rent Act, 1955, Delhi Rent Act, 1955 with Section 3, Eviction, Judges, Jurisdiction, R.K. Agrawal, Tenancy Disputes

Can a civil court hear an eviction suit when the lease agreement has an arbitration clause? The Supreme Court of India addressed this critical question in Himangni Enterprises vs. Kamaljeet Singh Ahluwalia. This case clarifies that eviction matters, especially those involving statutory protections for tenants, fall under the jurisdiction of civil courts, not arbitrators. The […]

Supreme Court Upholds Civil Court Jurisdiction in Eviction Disputes: Himangni Enterprises vs. Kamaljeet Singh Ahluwalia (2017) Read Post »

Supreme Court grants time to tenant for vacating premises in rent dispute: Khubi Ram vs. Lalit Mohan (27 July 2017)

/ Eviction, Judges, Kurian Joseph, R. Banumathi, Rent Control Law, Rent Control Law with Principles of rent control and eviction

LEGAL ISSUE: Whether a tenant should be granted additional time to vacate premises due to personal circumstances in a rent dispute. CASE TYPE: Civil (Rent Control). Case Name: Khubi Ram vs. Lalit Mohan. Judgment Date: 27 July 2017 Introduction Date of the Judgment: 27 July 2017 Citation: Not Available Judges: Kurian Joseph, J., R. Banumathi,

Supreme Court grants time to tenant for vacating premises in rent dispute: Khubi Ram vs. Lalit Mohan (27 July 2017) Read Post »

Supreme Court Upholds Landlord’s Bonafide Need, Limits High Court’s Revisional Power in Rent Control Cases (27 July 2017)

/ Appellate Jurisdiction, Bonafide Requirement, Civil Procedure, Eviction, Judges, Kurian Joseph, R. Banumathi, Rent Control Law, Revisional Jurisdiction, Revisional Powers

LEGAL ISSUE: The scope of revisional jurisdiction of the High Court under Rent Control Acts concerning findings of fact by lower courts. CASE TYPE: Rent Control/Eviction Case Name: Gandhe Vijay Kumar vs. Mulji @ Mulchand [Judgment Date]: 27 July 2017 Introduction Date of the Judgment: 27 July 2017 Citation: Not Available Judges: Kurian Joseph, J.,

Supreme Court Upholds Landlord’s Bonafide Need, Limits High Court’s Revisional Power in Rent Control Cases (27 July 2017) Read Post »

Supreme Court Upholds Eviction on Sub-Tenancy: Ram Murti Devi vs. Pushpa Devi (2017)

/ A.K. Sikri, Ashok Bhushan, Eviction, Judges, Landlord and Tenant Law, Sub-Tenancy, U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 with Section 20(2)(e), U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 with Section 25

LEGAL ISSUE: Whether a tenant had sublet the premises to a third party without the landlord’s consent, thus warranting eviction. CASE TYPE: Landlord-Tenant Dispute, Eviction Case Name: Ram Murti Devi vs. Pushpa Devi and Others Judgment Date: 11 July 2017 Date of the Judgment: 11 July 2017 Citation: (2017) INSC 648 Judges: A.K. Sikri, J.,

Supreme Court Upholds Eviction on Sub-Tenancy: Ram Murti Devi vs. Pushpa Devi (2017) Read Post »

Supreme Court Upholds Landlord’s Title: Tenant Estopped from Denying Ownership in Eviction Case (03 July 2017)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 8 Rule 3, Code of Civil Procedure, 1908 with Order 8 Rule 5, Eviction, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 116, J. Chelameswar, Judges, Landlord-Tenant Law, Property Law, Property Law with Section 116, S. Abdul Nazeer

LEGAL ISSUE: Whether a tenant can dispute the landlord’s title during the continuation of tenancy, especially after initially acknowledging it. CASE TYPE: Eviction Law/Property Law Case Name: Jaspal Kaur Cheema and Anr. vs. M/S Industrial Trade Links and Ors. Judgment Date: 03 July 2017 Date of the Judgment: 03 July 2017 Citation: [Not Available in

Supreme Court Upholds Landlord’s Title: Tenant Estopped from Denying Ownership in Eviction Case (03 July 2017) Read Post »

Supreme Court rules on Landlord’s Bona Fide Need and its applicability to Legal Heirs in Property Eviction Cases (2017)

/ Eviction, Judges, Kurian Joseph, Landlord-Tenant Disputes, Legal Heirs, Property Law, R. Banumathi, U.P. Urban Buildings Act, U.P. Urban Buildings Act with Section 21(a)

LEGAL ISSUE: Whether the bona fide requirement of a landlord for eviction of a tenant extends to the legal heirs upon the landlord’s death, especially when the family business continues. CASE TYPE: Property Eviction Law. Case Name: Satish Chander Aggarwal (D) By Lrs. vs. Shyam Lal Om Prakash, Arhti and Anr Judgment Date: March 30,

Supreme Court rules on Landlord’s Bona Fide Need and its applicability to Legal Heirs in Property Eviction Cases (2017) Read Post »

Supreme Court modifies damages for tenant in long-standing eviction case: Diwakar Upadhyay vs. P.N. Khanna (2008)

/ Damages, Eviction, Judges, Landlord-Tenant Disputes, Lokeshwar Singh Panta, R.V. Raveendran, Rent Control Laws, Rent Control Laws with Section 16(9), Uttar Pradesh Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

Introduction Date of the Judgment: September 26, 2008 Judges: R.V. Raveendran and Lokeshwar Singh Panta, JJ. What happens when a tenant refuses to leave a property for decades, despite court orders? The Supreme Court of India addressed this issue in a case involving a long-standing dispute between a landlord and a tenant. The core question

Supreme Court modifies damages for tenant in long-standing eviction case: Diwakar Upadhyay vs. P.N. Khanna (2008) Read Post »

Supreme Court settles the bonafide requirement of landlord in eviction petition: Ajit Singh vs. Jit Ram (2008)

/ Aftab Alam, East Punjab Urban Rent Restriction Act, 1949, East Punjab Urban Rent Restriction Act, 1949 with Section 13(3)(a)(ii), Eviction, Judges, Landlord-Tenant Disputes, Property Law, Tarun Chatterjee

Introduction Date of the Judgment: September 16, 2008 Citation: [2008] INSC 1471 Judges: Tarun Chatterjee, J., Aftab Alam, J. Can a landlord evict a tenant if the property is required for the use of the landlord’s son? The Supreme Court of India addressed this question in a case concerning the interpretation of the East Punjab

Supreme Court settles the bonafide requirement of landlord in eviction petition: Ajit Singh vs. Jit Ram (2008) Read Post »

Supreme Court sets aside eviction decree, recognizing firm as statutory tenant: Gautham Bhavan vs. Sakuntala Sahu (2008)

/ B.N. Agrawal, Eviction, G.S. Singhvi, Judges, Property Law, Statutory Tenant, Tenancy

Date of the Judgment: September 05, 2008 Citation: Civil Appeal No. 5516 of 2008 (Arising out of S.L.P. (C) No. 5500 of 2008) Judges: B.N. Agrawal, J. and G.S. Singhvi, J. Can a court disregard prior judgments establishing tenancy rights in an eviction suit? The Supreme Court of India addressed this critical question in a

Supreme Court sets aside eviction decree, recognizing firm as statutory tenant: Gautham Bhavan vs. Sakuntala Sahu (2008) Read Post »

Supreme Court settles rights of Transferee Landlord to recover Arrears of Rent in Eviction Cases: Sheikh Noor & Anr. vs. Sheikh G.S. Ibrahim (Dead) By Lrs. (04 August 2003)

/ Arrears of Rent, Ashok Bhan, Eviction, Judges, R.C. Lahoti, Rent Control Law, Rights of Transferee, Section 109 of the Transfer of Property Act, Transfer of Property Act

Introduction Date of the Judgment: 04 August 2003 Citation: 2003 Supp(2) SCR 204 Judges: R.C. Lahoti & Ashok Bhan Can a new landlord, who has purchased a property, evict a tenant for not paying rent that was due to the previous owner? The Supreme Court of India addressed this important question in a case concerning

Supreme Court settles rights of Transferee Landlord to recover Arrears of Rent in Eviction Cases: Sheikh Noor & Anr. vs. Sheikh G.S. Ibrahim (Dead) By Lrs. (04 August 2003) Read Post »

Supreme Court rules on eviction for rent default: Shrikrishna Oil Mill vs. Radhakrishan Ramchandra (2002)

/ Eviction, Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954, Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 with Section 15(2)(ii), Judges, R.P. Sethi, Rent Default, S.N. Phukan

LEGAL ISSUE: Whether a tenant can be evicted for rent default if the arrears were paid before the eviction application was filed. CASE TYPE: Rent Control Case Name: M/S. Shrikrishna Oil Mill vs. M/S. Radhakrishan Ramchandra Judgment Date: January 9, 2002 Date of the Judgment: January 9, 2002 Citation: Not Available Judges: R.P. Sethi, J.

Supreme Court rules on eviction for rent default: Shrikrishna Oil Mill vs. Radhakrishan Ramchandra (2002) Read Post »

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