14 September 2020

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


Bonafide necessity would lie only if there is a bonafide need as distinct from a mere desire for additional space(18.10.2019)

Petitioner impugns order whereby the leave to defend application of the Petitioner has been dismissed and an eviction order passed. Eviction petition .....

Tags : Eviction, Leave to defend, Entitlement


Tenants do not have unlimited right to continue to enjoy tenancy in perpetuity(31.01.2020)

Petitioner has challenged an order under which he has been granted a period of seven days by the Assistant Commissioner of Agartala Municipal Corporat.....

Tags : Eviction, Relocation, Legality


Supervisory jurisdiction is not available to correct errors of facts or of law unless errors are manifest and apparent on face of proceedings(25.02.2020)

Present petition challenges the order passed by the Trial Court in Eviction Petition under Section 14 (1) (e) and 25(B) of the Delhi Rent Control Act,.....

Tags : Bonafide need, Eviction, Legality


Temporary non-use of premises due to the lockdown cannot be construed as rendering the lease void(21.05.2020)

The present revision petition was filed by the Appellants/Tenants (“Tenants”) challenging the order passed by the learned Senior Civil Judge-cum-Rent .....

Tags : Eviction, Suspension, Rent, Entitlement


High Court cannot interfere with finding of fact in revisional jurisdiction unless there is perversity or misappreciation of evidence(08.06.2020)

In the facts of present case, the Appellant is the tenant of two shop rooms-one on the ground floor and the other on the first floor. The tenant is do.....

Tags : Eviction, Revisional jurisdiction, Legality


When there is no period agreed upon between the parties, duration has to be determined by referring to the object with which the tenancy is created(17.06.2020)

In present case, an application under Section 13 of East Punjab Urban Rent Restriction Act, 1949 was filed by the Appellant-landlord praying for evict.....

Tags : Eviction, Rent deed, Registration


In the guise of exercising jurisdiction under Article 227 of the Constitution, High Court cannot convert itself into a court of appeal(26.06.2020)

Present appeal challenges the judgment passed by the learned single judge of the High Court thereby, allowing the writ petition filed by Respondent No.....

Tags : Suit premises, Eviction, Jurisdiction



J&K HC Grants 10 Days' Time to Government to File Status/Compliance on Eviction of Former Ministers(18.09.2020)

Jammu & Kashmir High Court has granted the Government, 10 days' time to update the status/ compliance, as regards the directions passed by the Court q.....

Tags : Jammu and Kashmir High Court, Eviction of Former Ministers


Delhi HC: Senior Citizens Needn't Show 'Ill Treatment' to Seek Eviction of Children from Property(27.03.2020)

Delhi High Court has held that senior citizens, who seek eviction of their sons or legal heirs from their property, need not necessarily have to show .....

Tags : Delhi High Court, Eviction of Children from Property


Gauhati High Court Orders Eviction of Non-Tribals, Others ‘Ineligible’ from Tribal Belts(02.01.2020)

Gauhati High Court has ordered the eviction of non-tribals and others who are not eligible to hold possession of land in the tribal belts and blocks o.....

Tags : Gauhati High Court, Eviction


Supreme Court: Sub-Letting Part of Tenanted Premises Gives Landlord Right Eviction from Whole Premise(14.01.2020)

Supreme Court has interpreted the provisions of Kerala Buildings (Lease and Rent Control), Act, 1965 and observed that the sub-letting of any part of .....

Tags : Supreme Court, Right to Eviction


Supreme Court Quashes DDA's Eviction Proceedings for Fortis’ Escort Heart Institute(15.11.2019)

Supreme Court has quashed the proceedings for eviction of Fortis Healthcare Ltd’s subsidiary Escort Heart Institute & Research Centre from its premise.....

Tags : Supreme Court, Eviction, Fortis


Supreme Court Upholds Right of NRIs to Claim 'Summary' Eviction Procedure(18.11.2019)

Supreme Court has upheld the constitutional validity of Section 13-B of East Punjab Urban Rent Restriction Act, 1949 which grants Non-Resident Indians.....

Tags : Supreme Court, Eviction


Rajya Sabha Passes Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019(07.08.2019)

Rajya Sabha has passed the Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019. The Bill aims at the speedy eviction of unauthor.....

Tags : Rajya Sabha, Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019


Kerala High Court: Individual Partner Cannot Claim Eviction on Ground for his Occupation of Building(22.10.2019)

Kerala High Court has ruled that an individual partner cannot claim eviction on the ground of bonafide need for his or her occupation of the building .....

Tags : Kerala High Court, Eviction


Delhi High Court Issues Notice to NDMC on Wrongful Eviction of Street Vendors(25.10.2019)

Delhi High Court has issued notice to the New Delhi Municipal Corporation and the SHO Connaught Place Police Station in a public interest litigation c.....

Tags : Delhi High Court, Eviction


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


Where an eviction is going to render persons homeless, a constitutional obligation rests on relevant municipality to provide suitable accommodation(14.11.2019)

Present is an appeal against the eviction of Mr. Cedric Morgan Jones and Mrs. Diane Morgan Jones, aged 78 and 76 years old respectively, together with.....

Tags : Eviction, Legality, Right of residence