Civil Writ – Property Law - Urban Land Ceiling – Proceedings Abated – De Facto Possession Not Taken – State Failed to Prove Physical Possession - State failed to establish that actual possession was taken prior to repeal of the Urban Land Ceiling Act – No documentary proof of possession, panchnama, or memorandum of possession produced – Petitioners continued in ...
Labour Law – Delay in Raising Industrial Dispute – Void Orders Must Be Challenged Within Limitation – Labour Court Award Set Aside – Punishment orders passed in 1996, 1999, and 2000 were set aside by Labour Court on reference raised by Union in 2006 – Held: As per State of Punjab v. Gurdev Singh, even void orders must be challenged within prescribed limitati...
Civil Law – Eviction - Introduction of Additional Document – Registered Sale Deed Admitted on Date of Judgment – Order VII Rule 14(3) CPC – The appellant challenged the Trial Court’s decision to admit a certified copy of the registered sale deed (Exhibit-6) on the date of judgment, arguing that it violated procedural requirements under Order VII Rule 14 and Order XIII...
Eviction under Rent Control Act – Bona fide Need – Alternative Accommodation – Tenant’s Contention Rejected – The landlord sought eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming a bona fide requirement to start a hardware business – The tenant contended that the landlord possessed other vacant premises suitable f...
Land Law – Mutation – Limitation for Appeal – Delay of 39 Years – Rejection Upheld – Petitioner challenged Mutation No. 644, attested in 1984, before the Additional Deputy Commissioner (Agrarian Reforms), claiming lack of knowledge – Appeal filed in 2023 with a delay of 39 years and 1 month – Appellate authority dismissed the appeal for want of sufficient ...
Property Law – Validity of Court Auction vs. Later Will – Court Auction Prevails – Title Vested with Auction Purchaser – Supreme Court affirmed that property purchased by late Padmini Chandrasekaran via court auction in 1962 and registered sale deed in 1963 vested her with absolute title – Later will dated 30.05.1962 executed by original owner (Somasundaram) in favour...
Tenancy Law - Eviction on Grounds of Bona Fide Requirement – Death of Landlord – Continuation of Need – The tenant contended that the eviction petition was not maintainable after the original landlord’s death – The Court held that the bona fide need of the landlord’s dependents, as pleaded in the eviction petition, survives even after the landlord’s demise...
Property Law – Usufructuary Mortgage – Automatic Redemption Under MPLRC – Dispute over agricultural land given as security for a loan—Appellant claimed continued possession based on mortgage deed—High Court held: Under Section 165(2)(b) of MPLRC, a usufructuary mortgage cannot exceed six years and is deemed redeemed by law upon expiry—Respondent (plaintiff) enti...
Civil Law - Eviction – Default in Payment of Rent – Section 12(1)(a) of the M.P. Accommodation Control Act, 1961 – Eviction Decreed – The plaintiffs/landlords filed a suit for eviction on the ground of non-payment of rent, alleging that the tenant was in arrears since 01.09.1982 – The tenant disputed the rate of rent and claimed an agreement for adjustment of house ta...
Property Law – Partition Suit – Will Validity – Second Appeal – Dismissal – Plaintiff filed a suit seeking 1/6th share in the self-acquired property of late K.V. Vengadasamy Chettiar – Defendant No. 1 claimed exclusive ownership of the suit property based on an unregistered Will dated 20.05.2000 executed by the deceased, bequeathing the property to him – S...
