Lease Agreement and Eviction – Petitioner leased property from respondent with condition to vacate on one-month notice; petitioner failed to vacate after lease term, leading to eviction proceedings. [Para 1]
Defence of Petitioner – Claim of forcible eviction and inability to deposit rent due to external factors (Samaikhya Andhra Bandh). [Para 2]
Trial Proceedings – Rent Con...
Eviction Petition – Dismissal by Additional Rent Controller – Landlords' eviction petition under Section 14(1)(e) of the Delhi Rent Control Act dismissed after trial for failing to prove bona fide need and dependency of son Jaswant. Order contested by landlords in High Court. [Para 1, 4]
Property Ownership and Tenancy Relationship – Ownership of petitioner over t...
Land Tenure – Gair Marusi Status – Petitioners challenging eviction orders on the basis of being Gair Marusi over petition lands – Concurrent eviction verdicts from lower authorities against petitioners – High Court examined the status and rights of petitioners as tenants and the ownership of Gram Panchayat over disputed lands. [Paras 1-3, 5-6]
Legal Interpretation &ndas...
Revision Petition – Eviction Order Challenge – Petitioners/tenants challenging the eviction order passed by the Additional Rent Controller for a shop in Rajouri Garden, Delhi. The order dismissed their Leave to Defend/Contest Application, allowing the Eviction Petition by the Respondent/landlord. [Para 1]
Bona Fide Requirement – Senior Citizen Landlord – Respon...
Matrimonial Dispute – Maintenance Pendente Lite – Challenge against the order dated April 24, 2022, by the Family Court, Saket, directing appellant to pay ₹30,000/- per month as maintenance pendente lite and ₹51,000/- as litigation expenses under Section 24 of Hindu Marriage Act, 1955 – Earlier maintenance of ₹21,000/- per month granted under PWDV Act proceedings. [Paras 1-...
License Renewal - Requirement of fresh rent deed for license renewal - Petitioner sought quashing of letters requesting a fresh rent deed for license renewal - Petitioner held a license for a commission agent business since 2018 - Applied for renewal for a period of 3 years - Respondents requested a fresh rent deed along with the application - Petitioner argued that once a rent deed is executed, i...
Rent Control – Eviction under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 – Tenant's failure to pay admitted arrears of rent within specified timeframes – Challenge to the order of eviction – Opportunity to show sufficient cause before passing an order under Section 12(3) – Principles of natural justice emphasized. [Para 9]
Eviction...
Maintainability of Second Revision Petition – Section 115 of CPC – The Court held that the second revision petition under Section 115 of CPC is maintainable against the revisional order of the District Court. (Para 12)
Existence of Landlord-Tenant Relationship – Section 43 of the Karnataka Rent Act – Evaluation of Evidence by Courts – The Court ruled that...
Licensee or Lessee – Distinction – Determining the Nature of the Document – Jural Relationship – Exclusive Possession – Rent Control Proceedings – High Court of Kerala – O.P.(RC) No. 119 of 2023 – Article 227 of the Constitution of India – Rent Control Court (Additional Munsiff), Thiruvananthapuram – R.C.P.No.35 of 2022 – Eviction o...
relief must come with clean hands – Petitioners had no title or right to the land they Discretionary relief – Clean hands doctrine – A person seeking discretionary occupied – Court cannot protect or advance an illegality – Petitioners were rank trespassers over government land. [Para 4]
Adverse possession – Applicability – Adverse poss...