Landlord-Tenant Law – Jurisdiction of Civil Court - The High Court addressed the applicability of Section 32(c) of the Andhra Pradesh Buildings (Lease, Rent, and Eviction) Control (Amendment) Act, 2005. This provision, effective from 28.05.2005, restricts the jurisdiction of Civil Courts in eviction matters where the monthly rent does not exceed Rs. 3500/- in areas within Municipal Corporati...
Landlord-Tenant Dispute – Appeal – Reversal of High Court Judgment – Appeal concerning ownership of property following a dispute between landlord and tenant – Supreme Court held that no right of ownership was conferred upon the tenant under the consent order, which merely dealt with the conditions for eviction or dismissal of eviction proceedings – High Court's de...
Property Law – Permanent Injunction – Suit for Injunction Simpliciter – Whether a suit for permanent injunction can be decreed without seeking a declaration of title when the title of the plaintiff is under dispute – Held, when a cloud is raised over the plaintiff's title, the suit for mere injunction is not maintainable without seeking a declaration of title – [P...
Landlord-Tenant Relationship – Cross-examination – Section 21(2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 – Petitioners (tenants) sought to recall P.W.1 (landlords) for cross-examination after proceedings were initiated under Section 21(2)(a) of the Tamil Nadu Act, due to lack of an agreement as required under Section 4 &nd...
Rent Control – Eviction under Section 14(1)(e) of the Delhi Rent Control Act upheld – Challenge in High Court against eviction order passed by the Additional Rent Controller – Ownership and jural relationship of tenancy not disputed by tenants – Tenants failed to file written statement and cross-examine respondent – Court found no infirmity in the eviction order &ndas...
Pre-emption Proceedings and Title Disputes – Rejection of an amendment to a pre-emption application that sought to introduce questions about the title and share entitlement over land sold – Original application filed under Section 8 of the West Bengal Land Reforms Act based on non-notification of sale to a co-sharer and a misstated sale price – Amendment aimed to challenge the ve...
Eviction Proceedings – Non-Service of Summons Contested – Petitioner challenges eviction under Section 14(1)€ of the Delhi Rent Control Act, asserting improper service of summons – Respondent asserts summons were served through multiple modes including registered post and publication – High Court finds no infirmity in the service process – Service deemed proper d...
Rent Act - Quashing of Eviction Order – Appeal against dismissal of eviction petition – Landlords' plea under Section 14(1)(e) of the Delhi Rent Control Act for recovery of possession of the subject premises – Landlords claim bona fide requirement for reconstruction of premises and settlement in India due to advanced age and insufficient accommodation – Tenant contests,...
Tenancy Law - Grounds for Eviction – Requirement of Accommodation – Held – Landlord's bona fide requirement for accommodation substantiated by detailed familial needs, including health conditions and living arrangements of children. Tenant's challenge based on landlord's ownership of other properties dismissed due to lack of specificity and credible evidence. [Paras 2...
Ground of Eviction - Personal Bonafide Requirement - Landlords obtained eviction order against tenant on grounds of personal bonafide requirement and arrears of rent - Allegation landlords themselves faced eviction from another premises - Ground floor unsuitable due to different accommodation needs, preference for eviction of first-floor tenant to consolidate landlords' residence on a single f...