Property Law – Possession and Title – Plaintiffs sought direction for defendants to vacate and deliver possession of property and pay damages for illegal occupation – Defendants claimed property was ancestral and sale by predecessor was invalid – Court found sale deed executed by Mehanatha Mudaliar in 1995 valid and binding, plaintiffs perfected title – Defendants&rsq...
Service Conditions – Entitlement to Benefits – Petitioners, hostel/mess employees of Bengal Engineering College (subsequently BESU and then IIEST), challenged denial of GPF and pension benefits by MHRD – Initially entitled to benefits as per Government of West Bengal notifications – IIEST contended NITSER Act did not extend these benefits – Court found MHRD’s me...
Non-Registration of Tenancy – Grounds for Eviction under Section 21(2)(a) of TNRRRLT Act – The Court upheld eviction based on non-registration of tenancy agreements under the TNRRRLT Act – Held: Compliance with statutory mandates is imperative, and non-registration of tenancy agreements constitutes a valid ground for eviction [Paras 18-19].
Applicability of Section 3 of TNRRRL...
Landlord-Tenant Dispute – Additional Evidence – Petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, for ejectment of the tenant on grounds of non-payment of rent and personal necessity – Landlord sought to lead additional evidence by examining a Director of the company after initially closing its evidence – Tenant opposed, citing that this was an ...
Rent Control – Sub-Tenancy – Kudikidappu Rights – Petitioner challenged eviction order claiming kudikidappu rights – Original tenant sub-leased property without landlord’s consent – Land Tribunal dismissed kudikidappu application – Concurrent findings by Rent Control Court and Appellate Authority upheld – High Court emphasized limited scope of revisi...
Rent Enhancement – Fair Rent Assessment – Petitioners challenged the Tribunal’s order directing payment of enhanced fair rent and current rent – Contention that the Tribunal granted final relief on an interlocutory application and erroneously applied precedents without factual alignment – Order set aside and directions issued for proper assessment by the Tribunal [Par...
Commercial Law – Additional Documents in Commercial Suits – Petitioners sought to place additional documents on record which were allegedly in possession of previous counsel – Dismissal of the application by the Commercial Court upheld – Requirement for strict adherence to timelines and procedural rigour under Commercial Courts Act emphasized – Petitioners failed to e...
Tenancy Law - Landlord-Tenant Relationship – Unlawful Subletting – Tenant's Liability Confirmed – The plaintiffs (landlords) challenged the finding that Defendant Nos. 2 and 3 were direct tenants of the plaintiffs, asserting that they were unlawfully inducted as subtenants by Defendant No. 1 (son of the original tenant) – Held: The Trial Court and Appellate Court errone...
Landlord-Tenant Dispute – Oral Lease Agreement – Enhancement of Rent – The appellants, representing a corporation, appealed against the trial court’s decision to award enhanced rent and repair costs to the respondent-plaintiff, who had leased six godowns to the appellants. The respondents claimed that the appellants had agreed to an oral contract for rent enhancement and re...
Eviction Suit – Default in Payment of Rent – No Default Found - The appellant, a tenant, was accused of failing to pay rent for two consecutive months, October and November 2012. He contended that he had attempted to pay the rent in person and later sent it via money order, which the landlord refused. The appellate court found him to be in default; however, the High Court held that the...