Friday 9 September 2022

Questions and answers on law(Part 48)

Q 1:- Whether in appeal against eviction decree Under Maharashtra rent control Act, Court should pay compensation from the date of  rent agreement or from the date of order? What is the position if eviction decree is under Transfer of property Act?
Ans:- If suit is under Rent Act then interim compensation from the date of decree.If suit under TP Act, then interim compensation at market value  from the date of determination of tenancy i.e. expiration of period of termination notice.
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Q 2:- Petition under sec 163A can be converted into Sec 166 MV Act?

Ans:- Therefore, we answer this question in the affirmative by holding that a claimant can move the court for amendment of his claim petition filed under section 166 to that of a petition under section 166-A at any stage of the proceedings and it would be for the concerned court to pass an order on that application in accordance with law.

Karnataka High Court
Rama Bommayya Naik vs Anilkumar Ayyappan Pillai on 22 March, 2018

Author: B.A.Patil

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