24 June 2019

Search Results for Tag : Eviction


Prominent Hotels Ltd. suit for injunction against eviction not maintainable(11.09.2015)

Setting aside the judgment of the trial court, the Delhi High Court pronounced Prominent Hotels’ suit for declaration and injunction against the NDMC .....

Tags : Hotel, eviction, lease, maintainability, suit


Legal right of residence in property entitled married daughter to seek tenant’s eviction from it for her need(27.09.2016)

In instant case, Appellant is aggrieved by judgment of High Court reversing concurrent findings of Courts below holding that, Appellant’s daughter is .....

Tags : Eviction, Right, Bonafide Need


Court has to consider effect of subsequent development on bona fide need of landlord(07.02.2017)

Instant appeal by way of special leave is preferred against order passed by High Court wherein High Court affirmed order passed by Additional District.....

Tags : Eviction, Bonafide need, Entitlement


Subletting is not permitted by camouflaging it as a partnership(18.07.2017)

In instant case, Petition filed under Section 14 of Delhi Rent Control Act, 1958 by Appellant-Landlord for eviction of Respondents was allowed by Rent.....

Tags : Premises, Sub-let, Eviction


When eviction is sought on the ground of sub-letting, the onus to prove sub-letting is on the landlord(30.08.2017)

Present appeal is against the final judgment passed by the High Court of Delhi whereby learned Single Judge of the High Court allowed the eviction pet.....

Tags : Subletting, Eviction, Grant


Civil suit would be triable by the Civil Court; Arbitrator has no jurisdiction to decide the eviction/rent disputes(12.10.2017)

Present appeal is filed by the Defendant against the final judgment passed by the High Court of Delhi at New Delhi whereby the High Court dismissed th.....

Tags : Eviction, Application, Maintainability


Pure finding of fact based on appreciation of evidence not to be interfered with, in exercise of jurisdiction(11.12.2017)

Instant appeal has been filed against the judgment of High Court by which judgment High Court has allowed the Revision and set aside the order passed .....

Tags : Eviction, Rent, Recovery


Condition of building is not so essential. If it is shown that building is bona fide required by landlord for immediate purpose of demolition, eviction could be ordered(25.04.2018)

Aggrieved by the order reversing the order of eviction passed by the Rent Controller, Petitioners, who are trustees of Sri Mouna Swamigal Madam, also .....

Tags : Eviction, Bonafide need, Grant


Eviction can be claimed on ground of default in payment of rent(22.05.2017)

Instant appeal is against judgment passed in eviction wherein suit filed by Respondent herein/Plaintiff was decreed holding that, Plaintiff was entitl.....

Tags : Rent, Payment, Default, Eviction


Tenant cannot be evicted for defaulting rent without determination Of ‘Provisional Rent’ by Court(21.08.2018)

In instant appeal, The Appellant-Plaintiff is the landlord of the suit premises, whereas the Defendant is the tenant. The Plaintiff filed Suit for evi.....

Tags : Rent, Determination, Eviction


Unlawful possession of public property without having paid for same tantamounts to unjust enrichment(23.10.2018)

Present appeal is directed against order passed by the High Court wherein without issuance of notice to the Ghaziabad Development Authority ("GDA") an.....

Tags : Unlawful possession, Eviction, Grant


Payment of rent or monetary consideration are not required to be proved by affirmative evidence as same may have been made secretly in case of sub-tenancy(01.02.2019)

The Plaintiff instituted suit against the Defendants for recovery of possession, alleging that Defendant No. 1 remained in arrears of rent and other c.....

Tags : Eviction, Suit premises, Subletting


Revisional power cannot be equated with a power of re-consideration of all questions of facts as a Court of first appeal(07.05.2019)

Present petition challenges the order passed in eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (DRC Act) whereby the lea.....

Tags : Eviction, Bonafide, Legality



CIVIL - SC Orders Eviction of More Than 10 Lakh Tribals(21.02.2019)

Supreme Court has ordered eviction of at least 10 lakh Scheduled Tribes and Other Traditional Forest Dwellers after their claims on forestlands were r.....

Tags : Supreme Court, Eviction, Tribals


PROPERTY - Delhi HC: Forced and Unannounced Eviction Of Slum Dwellers Contrary To Law(19.03.2019)

Delhi High Court has observed that forced and unannounced eviction of jhuggi dwellers is contrary to law and authorities should ensure that displaced .....

Tags : Delhi High Court, unauthorised eviction, slum dwellers


Tenant Can’t Be Evicted On Ground Of ‘Change Of User’ Sans Negative Covenant: SC(20.09.2018)

SC has held that in absence of any negative covenant in lease agreement restricting the tenant to run business only relating to the purpose for which .....

Tags : Supreme Court, Tenant, Eviction


Supreme Court: Courts Should Give Priority to Eviction Cases(31.07.2017)

Supreme Court has said that eviction matters should be given priority by Courts at all stages of litigation, especially in cases where the landlord ha.....

Tags : Supreme Court, eviction


No Eviction Order Unless Ground Seeking Eviction is Made Out: Supreme Court(16.08.2018)

Supreme Court has held that, in cases where protection under the Rent Act is available, no eviction can be ordered unless ground seeking eviction is m.....

Tags : Supreme Court, Eviction


Supreme Court: Eviction Suit By Co-owner With ‘No Objection From Other Owners’ Maintainable(24.03.2017)

Supreme Court has reiterated that a co-owner can alone maintain a suit for eviction of tenant without joining other co-owners if such other co-owners .....

Tags : Supreme Court, Eviction Suit


International Cases

Where an issue in general interest is at stake, it is incumbent on public authorities to act in good time, in an appropriate manner and with utmost consistency(13.09.2016)

Instant case originated in an application against Russian Federation lodged with Court under Article 34 of Convention for Protection of Human Rights a.....

Tags : Eviction, Rights, Violation