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...
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...
Rent Law - Eviction Order Challenged - Petitioner/tenant Mohd Irfan challenged the eviction order passed by the Rent Controller regarding shops No. 4 & 5 under Section 14(1)(e) of the Delhi Rent Control Act. The order was based on the landlord's (respondents) need for the premises for a boutique business. Petitioner argued the cessation of bona fide need due to respondent no. 2’s mar...
Rent Law - Eviction Order Challenged – Petitioner/tenant Charanjeet Singh challenged the eviction order passed for mezzanine floor in property No. 33A/1, Swadeshi Market, Sadar Bazar, Delhi under Section 14(1)(e) of the Delhi Rent Control Act. [Para 1]
Landlord's Bona Fide Requirement – Respondent/landlord Vivek Jain filed an eviction petition citing need for expansion...
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...
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...
Jurisdiction of Civil Courts – Retrospective Application of Rent Control Act – Applicability to Pending Suits – Appellants contested a decree for possession passed by a civil court after the Rajasthan Rent Control Act, 2001 became applicable – Supreme Court held that the Act does not bar the execution of a decree passed by a civil court if the suit was filed before the Act&...
Eviction – Bona fide Requirement – Section 14(1)(e) – Eviction for personal necessity – The requirement must be genuine, and there must be no other reasonably suitable accommodation – The Rent Controller must be satisfied on both counts before granting eviction [Paras 1-22].
Leave to Defend – Section 25B(5) – The tenant must disclose facts tha...
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...
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...