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Showing posts with label Notes on rent law. Show all posts
Showing posts with label Notes on rent law. Show all posts
Thursday, 21 November 2019

Basic concept of Gratuitous licensee

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Gratuitous licensee is a person who is permitted, though not invited, to enter another individual's property. A gratuitous licensee pr...
Tuesday, 17 September 2019

Notes on Malpe Vishwanath Acharya's Judgment

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Malpe Vishwanath Acharya and ors. Vs. State of Maharashtra (AIR 1998 SC page 602) The judgment leading to enactment of the MRC Act :- ...
Sunday, 15 September 2019

Whether it is mandatory for landlord to file cross objection if his eviction suit is decreed only one ground out of three grounds?

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 The respondent landlord filed a suit for possession against the petitioner tenant on the ground of default and permanent construction. Th...

Important judgments on rent law Part 2

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1) When it is permissible for landlord to file suit for eviction on ground of arrears of rent? The   view   expressed   by   Divisio...
Thursday, 12 September 2019

Important Judgments on rent law Part 1

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1)How to appreciate bonafide need of landlord? It is well settled that the courts cannot ordinarily doubt the bona fide need of the...
Sunday, 25 August 2019

Whether exemption from rent law is in respect of premises or with respect to parties?

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It is well settled by a decision of this Court in Bhatia Cooperative Housing Society Ltd. v. D.C. Patel MANU/SC/0064/1952 : [1953]4SCR185 ...
Saturday, 24 August 2019

Notes on Presidency Small Cause court Act 1882

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https://drive.google.com/file/d/1B9ta-TijBfXqDBJ4cCvkZ9jOnYDsW1wv/view?usp=sharing 27. Decree-holder to accompany officer executing warra...
Thursday, 15 August 2019

Rights of tenant under SARFAESI amendment act 2016

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141 [17. Application against measures to recover secured debts] .—(1) Any person (including borrower) aggrieved by any of the measures ref...
Wednesday, 8 May 2019

Burden of proof is on whom to prove issue of comparative hardship in eviction suit?

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 In  Mst. Bega Begum and Others v. Abdul Ahad Khan  (dead) by Lrs. and others, MANU/SC/0313/1978 : (1979) 1 SCC 273 pari materia provisio...
Sunday, 2 September 2018

Important judgments on rent law part 3

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1)When revision is tenable against orders passed under Maharashtra rent control Act? For an order to be revisable under section 34(4) ...
Wednesday, 16 May 2018

Important provisions of Maharashtra Rent control Act (Part 2)

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S 17- Recovery of possession for repairs and re-entry. S 18- If landlord has obtained eviction decree on ground of bonafide nee...

Important provisions of Maharashtra Rent control Act (Part 1)

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S.2 Application: This Act shall apply to premises let for the purposes of residence, education, business, trade or storage. S 3 Ex...
Monday, 19 February 2018

Whether subsequent eviction suit is liable to be stayed if both suits have same grounds for eviction?

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As observed earlier, for application of Section 10 of the Code, the matter in issue in both the suits have to be directly and substantial...
Tuesday, 17 October 2017

Whether gratuitous licensee will acquire right in property by remaining in possession for long time?

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Principles of law which emerge in this case are crystallized as under: (1) No one acquires title to the property if he or she was allo...
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Sunday, 23 July 2017

Basic principles for determination of compensation to be granted to landlord while granting stay to eviction decree

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 What emerge from these are: (a) The basic burden lies upon the landlord to prove and support his case of reasonable compensation/ mes...
Saturday, 25 March 2017

What is distinction between joint tenancy and tenants-in-common?

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  The Hindu Succession Act  by  Section 19  clearly provides that each of the co-heirs takes per capita and takes as a tenant-in-common an...
Monday, 4 April 2016

Whether it is mandatory to issue notice U/S 106 of transfer of property Act for eviction of tenant?

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 In the decision of Gujarat High Court in the case of  Shantaben Harilal Brahmbhatt (supra), it was held that in a suit by landlord to r...
Tuesday, 25 November 2014

Supreme Court: Tenancy will not be determined even after destruction of suit building

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It has been further opined that once a tenancy is created  in  respect of a building standing on the land it is the building  and  the...
Sunday, 22 April 2012

Leading Supreme Court Judgment on the right of a deserted wife to contest eviction suit filed against her husband

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The position of law which emerges on a conjoint reading of the Rent Control Legislation and Personal Laws providing for right to maint...