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...
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&...
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...
Delhi Rent Control Act, 1958 - Section 14 - Sub-letting - Eviction - Appellant sought eviction on grounds of sub-letting without landlord's consent - Additional Rent Controller dismissed eviction petition - Appellate Tribunal reversed decision and passed order of eviction - High Court quashed Tribunal's decision under Article 227, restored Rent Controller's order - Supreme Court held H...
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...
Rent Control – NRI Landlords – Right to Eviction – NRI purchasers of property can invoke summary jurisdiction under Section 13-B of the East Punjab Urban Rent Restriction Act after five years of ownership, irrespective of who initially let out the premises – Distinction between 'landlord' and 'owner' critical – High Court order upheld, confirming evict...
Rented Land – Use as Club Pavilion – The definition of "rented land" under Section 2(f) of the Haryana Urban (Control of Rent and Eviction) Act 1973 includes land used for business purposes, which need not be commercial. The term "business" encompasses charitable activities or those in the interest of the public. Therefore, using land for a club pavilion falls withi...
Contempt of Court – Non-Compliance with Court Orders – Refund of Lease Rent – The petitioners alleged that NOIDA did not comply with the Supreme Court's directions to refund the lease rent for the remainder period after the plot is sold. The Supreme Court held that the one-time lease rent paid by the petitioners represents the entirety of the lease period, and thus, the compo...