Category: Rent

Delhi Rent Control Act, 1958 – Sections 14(1)(e) and 25-B(8) – Eviction on the ground of bona fide requirement – appellant-landlord is said to have acquired title to the property in question on being transferred by her brother-in-law; and has sought eviction of the respective tenants from suit premises on the ground that the premises were required bona fide by her for use and occupation of herself and the other members of her joint family – Order passed by the Rent Controller restored.

SUPREME COURT OF INDIA DIVISION BENCH KUSUM LATA SHARMA — Appellant Vs. ARVIND SINGH — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. ) Civil Appeal No.3111 of…

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Section 30 -if landlord serves notice of demand against the higher rate and expresses his willingness to accept the rent, the tenant after receipt of notice is under an obligation to tender the rent at least at the rate admitted to him to the landlord and has got no right to straight away deposit the same under Section 30(1) of the Act.

SUPREME COURT OF INDIA DIVISION BENCH MAN SINGH — Appellant Vs. SHAMIM AHMAD (DEAD) THR. LRS. — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia, JJ. ) Civil Appeal…

Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 – Section 13(1)(e) and 15(1) – Unless the contract itself permits subletting, it shall not be lawful, after coming into operation of the Act of 1947, for a tenant to sublet the premises let out to him or to assign or transfer in any manner his interest therein with an exception the State Government may permit so by gazette notification.

SUPREME COURT OF INDIA DIVISION BENCH YUVRAJ @ MUNNA PRALHAD JAGDALE AND OTHERS — Appellant Vs. JANARDAN SUBAJIRAO WIDE — Respondent ( Before : Sudhanshu Dhulia and Sanjay Kumar, JJ.…

Mesne profits/compensation – From the date of the decree of eviction, the tenant is liable to pay mesne profits or compensation for use and occupation of the premises at the same rate at which the landlord would have been able to let out the premises – Landlord not bound by contractual rate of rent

SUPREME COURT OF INDIA DIVISION BENCH SUMER CORPORATION — Appellant Vs. VIJAY ANANT GANGAN AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil Appeal…

Madhya Pradesh Accommodation Control Act, 1961 – Section 13(6) – Striking off defence – Defence was struck off on non-deposit/payment of the balance amount of GST, which is now deposited – same deposited – striking off the defence of the appellant is quashed and the appellant is permitted to defend the eviction suit/suit

SUPREME COURT OF INDIA DIVISION BENCH M/S. FASHION WORLD — Appellant Vs. BANSHIDHAR MULTI BUILDERS PVT. LTD. — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

HELD A bare perusal of Section 109 of the Transfer of Property Act would reveal that if a landlord transfers the property leased out or any part of it, the transferee, in the absence of any contract to the contrary, shall possess all the rights of the landlord. Landlord by statement able to establish requirement of personal occupation purpose is genuine and that it is not only a ruse for evicting the appellants.

SUPREME COURT OF INDIA DIVISON BENCH GOPI @ GOVERDHANNATH (D) BY LRS. AND OTHERS — Appellant Vs. SRI BALLABH VYAS — Respondent ( Before : Indira Banerjee and C.T. Ravikumar,…