Eviction Suit – Rent Arrears and Mesne Profits – Order XV-A CPC Application - Court dismissed the petitioner's appeal against the Trial Court's rejection of an application under Order XV-A CPC for deposit of arrears of rent and user charges by the respondent. The court examined the relationship between landlord and tenant and the applicability of Order XV-A in cases where the t...
Tenancy Law - Eviction Proceedings – Delhi Rent Control Act – Grounds for Eviction – Eviction sought under Section 14(1)€ of the Delhi Rent Control Act for bona fide requirement – Petitioners challenge eviction order claiming absence of bona fide need and alternate accommodation availability for landlords – Held, eviction order valid with bona fide requirement su...
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...
Rent and Tax Liability – Lease Agreement stipulated payment of rent, maintenance charges, and GST – Tenant defaulted on GST payment – Trial Court struck off tenant's defence under Section 13(6) – High Court upheld decision – Supreme Court set aside striking off defence after tenant deposited GST arrears – Clarified on whether non-payment of tax can justify s...
Criminal Law – Dying Declaration – Statement under Section 164 CrPC – A dying declaration is inadmissible if the declarant survives – The appellant's statement recorded under Section 164 CrPC was treated as a confession but lacked corroborative evidence – PWs 1 and 5, the husband and father-in-law of the appellant, turned hostile, raising doubts about the prosecut...
Rent and Eviction - Mesne Profits - Termination of Tenancy - After passing the decree of eviction, the tenancy terminates, and from the said date, the landlord is entitled to mesne profits or compensation for being deprived of the use of the premises. The determination of mesne profits should be equivalent to the market rent required to be paid by a person holding over the property.
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Municipal Tax – Part of Rent – Interpretation – The Supreme Court held that the share of municipal tax due from a tenant, as stipulated under Section 230 of the Kolkata Municipal Corporation Act, 1980 and Section 5(8) of the West Bengal Premises Tenancy Act, 1997, does not constitute part of the rent of the premises. Instead, it can be recovered as arrears of rent for the purpose...
Lease Agreement and Dispute – Plaintiffs (lessors) filed suit for recovery of khas possession and mesne profit due to defendants’ (lessees) failure to vacate property post-lease expiry – Lease initially granted for 30 years with renewal clause for 21 years – Dispute over whether lease renewal was properly exercised [Paras 1, 2].
Application under Order XII Rule...
Civil Procedure – Striking Off Defense – Defendant tenant failed to deposit due rent despite requirements under Order XV Rule 5 CPC – Trial Court and Revisional Court struck off defense for non-payment – High Court reversed this decision, granting indulgence to the tenant – Supreme Court held that mere denial of landlord-tenant relationship does not absolve tenant fro...
Revision Petition – Delhi Rent Control Act – Dismissal of petition under Section 25B(8) – Tenant’s challenge to ownership and denial of jural relationship of landlord and tenant – Petitioner/tenant failed to provide documentary evidence of ownership, while respondents/landlords produced substantial evidence. [Paras 1, 8, 9, 11]
Bonafide Requirement &ndash...