Category: Rent

U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Sections 21(1)(a) and 21(1)(b) – Eviction–“Nagar Palika, Almora in the year 1996/1997 stating that the building was in a dilapidated condition and therefore the same is required to be demolished and still even after period of approximately 24 years, the building stands and as the tenants are ready and willing to get the building in question repaired at their own cost and the same is not to be deducted from the rent, This Court is of the opinion that one opportunity is required to be given to the tenants to get the building repaired “

SUPREME COURT OF INDIA DIVISION BENCH RAM PRAKASH AND ANOTHER — Appellant PUTTAN LAL AND OTHERS — Respondent ( Before : L. Nageswara Rao and M.R. Shah, JJ. ) Civil…

Landlord & Tenant-Eviction-Revision of Rent-Agreed rent which was being paid by the tenant with annual increment decided at the time of creation of tenancy (10%) is not liable to re-determined as per amendment in statutory Act fixing rate of annual increment (7.5%)–Rate of annual increment would be applicable after the commencement of amendment–Tenant cannot unilaterally revise the rent already paid as statutory amendment

2019(1) Law Herald (SC) 493 : 2019 LawHerald.Org 556 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal Nos. 12561-12562…

Landlord & Tenant—Eviction—Change of User—In rent agreement there was no restriction on tenant to run business only relating to the saw mill-­Tenant was given liberty to carry on any other business as well—Tenant changed his business from saw mill to manufacturing of grills—Eviction petition ground of change of user dismissed

2018(4) Law Herald (P&H) 2774 (SC) : 2018 LawHerald.Org 1581 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. NageswaraRao  Hon’ble Mr. Justice Mohan M. Shantanagoudar C/V/7 Appeal…

High Court gave finding that the Rent Appellate Tribunal allowed the appellant’s (landlady’s) appeal with a casual approach and failed to record any categorical finding on the plea of bona fide need—However, High Court neither remanded the case nor decided the appeal on merits—This approach of the High Court caused prejudice to the appellant (landlady) because there was no factual finding recorded either by the first appellate Court or the High Court on the question of bona fide need—Matter remanded back to Rent Appellate Tribunal

2018(4) Law Herald (SC) 3230 : 2018 LawHerald.org 1797 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Eviction–Amendment of Section 13 of the East Punjab Rent Act restricting the landlord from seeking eviction of a tenant from non-residential premises held, as unconstitutional–Correct interpretation of bonafide requirement of a landlord of a residential building must include a non-residential building

2010(1) LAW HERALD (SC) 299 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 8417 of 2009…

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