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...
Civil Procedure – Permanent Injunction – Plaintiff Must Prove Possession – The Court held that in a suit for permanent injunction, the plaintiff must establish possession – In this case, the plaintiffs proved possession through property tax records, assessment bills, and eviction suits against tenants – The appellant (defendant) failed to file a written statement or c...
Rent Law - Eviction Proceedings – Ex Parte Order – Procedural Irregularities – The Rent Control Court passed an eviction order without assessing the merits of the case – The ex parte nature of the proceeding does not relieve the court from its duty to examine the sufficiency of the evidence – Held: The eviction order was mechanically passed solely because the evidence...
Rent Law - Eviction – Bona Fide Personal Necessity – Landlord’s Right to Choose Property Use – The landlord sought eviction for constructing a common room, canteen, and parking area for a PG accommodation – The tenant contended that the landlord possessed other vacant properties suitable for the same purpose – Held: The landlord is the best judge of his requirem...
Landlord-Tenant Dispute – Eviction Proceedings by Religious Trust – Applicability of Rajasthan Rent Control Act, 2001 – Petitioners, legal heirs of the original tenant, challenged the eviction proceedings initiated by the Respondent Trust under general law, contending that Chapter II & III of the Rajasthan Rent Control Act, 2001 were applicable to the trust’s property u...
Landlord-Tenant Dispute – Recovery of Possession – Arrears of Rent – Suit Allowed – Plaintiff, a registered Sangam, sought recovery of possession of a marriage hall and movables (furniture and utensils) leased to the defendant, along with arrears of rent, damages, and mesne profits – Defendant admitted tenancy but failed to pay fair rent fixed by the Rent Control Trib...
Rent Law - Eviction – Willful Default in Payment of Rent – Tenant’s Knowledge of Ownership – Eviction Upheld – The petitioners challenged their eviction, claiming lack of knowledge of the landlord's ownership and absence of attornment notice. The Court held that the tenants were aware of the partition and ownership rights, as evidenced by admissions in cross-exami...
Property Law – Eviction under Maintenance and Welfare of Parents and Senior Citizens Act – Appeal and Writ Petition – Respondent No. 3 (mother) sought eviction of the appellant (son) under the Act, citing harassment – District Collector ordered eviction – Appellant challenged the eviction order in writ proceedings, citing lack of jurisdiction and violation of natural ...
Property Law - Land Ownership – Inheritance and Tenancy Claims – Plaintiff Failed to Prove Title - Appellants claimed ownership of the suit land through inheritance from Kartar Kaur and alleged tenancy by the respondents – Court held that neither the Will nor the lease deed relied upon by the appellants was proved – Findings of the Trial and Appellate Courts upheld [Paras 8...
Civil Law - Trust Property – Reversionary Rights of the Trust – Section 19(b) of the Shri Ganpati Panchayat Sansthan Act, 1940 – Land granted by the Sansthan to Sangli State for running a public hospital – Public hospital shifted to an alternate location – Held: The Sansthan retained ownership of the land, and upon cessation of the public purpose, the land must revert...