Tenancy Law – Rent Control – Subletting and heritable tenancy – Section 14(2) H.P. Act, 1987 – Appeal Allowed – Courts below dismissed eviction relying on A.S. Sulochana v. Dharmalingam – Three-Judge Bench in Imdad Ali overruled Sulochana holding heirs inherit both rights and obligations – Heirs cannot claim immunity from grounds of eviction incurred by pr...
Tenancy Law - Commercial Tenancy – Heritability – Delhi Rent Control Act – Civil Court Jurisdiction – Decree a Nullity – Civil court passed ejectment decree against heirs of tenant holding tenancy not heritable – Subsequently, Constitution Bench in Gian Devi Anand held commercial tenancy heritable – Held: Civil courts lacked inherent jurisdiction, as evict...
Tenancy Law - Rent Control – Review Petition – Sections 13 and 13(2)(i) of Punjab and Haryana Rent Acts – Scope of Rent Controller’s duty – Review dismissed – The review petitioner contended that earlier decisions (Rubber House and Rajinder Kumar Joshi) were not noticed in Rakesh Wadhawan and that the law therein was incorrectly laid down – Held: Though no...
Tenancy Law - Rent Control – Delay in Deposit of Rent – Discretion of Court under Order 15 Rule 5 CPC – High Court Order Set Aside – The High Court reversed the trial court's order and struck off tenants' defence on the ground of delay in depositing rent – Supreme Court held that the power to strike off defence under Order 15 Rule 5 CPC is discretionary, not m...
Tenancy Law - Eviction – Default in Rent – Bihar Buildings Act – Appeal Dismissed – Landlord sought eviction on ground of default and personal necessity – Trial Court dismissed suit – First Appellate Court decreed eviction for default – High Court affirmed – Supreme Court held tenant must strictly comply with statutory obligation to pay rent within p...
Tenancy Law - Rent Control – Default in Deposit of Rent – Section 13(4), Rajasthan Premises (Control of Rent & Eviction) Act – No Power of Court to Condoned Delay – Tenant failed to deposit arrears within prescribed time – Application under Section 5 of Limitation Act filed for condonation – Rajasthan High Court Full Bench held Limitation Act applicable and ...
Electronic Evidence – Certificate under Section 65-B – Non-production by original device owner – Order quashed – Tribunal allowed electronic evidence based on a certificate from a person other than the one who recorded it – Held: As per Anvar P.V. and Arjun Panditrao Khotkar, such certificate must be issued by the person in control of the original recording device &nd...
Divorce Petition – Amendment of Pleadings – Order VI Rule 17 CPC – Amendment sought after framing of issues – Not barred if facts arose subsequently or due diligence shown – No new cause of action; only elaboration of cruelty ground – Amendment rightly allowed – Petition dismissed [Paras 12-19].
Amendment of Pleadings – Trial commencement – ...
Rent Control – Eviction on bona fide requirement – Leave to defend – Revisional scope – Landlord–tenant relationship proved on better title – Tenant’s pleas of ownership and alternate accommodation found bald – No triable issue – ARC order upheld – Tenant directed to hand over premises by 21.09.2025 – Sections 14(1)(e), 25B & 25...
Property Law – Transfer of Immovable Property – Title Dispute – Appeal against concurrent findings of Trial Court and High Court decreeing plaintiff’s suit for possession, mesne profits, declaration, and injunction – Plaintiff relied upon Agreement to Sell, GPA, Affidavit, Receipt, and Registered Will to claim title – Supreme Court held that such documents do no...