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Showing posts with label eviction of tenant. Show all posts
Showing posts with label eviction of tenant. Show all posts
Wednesday, 19 July 2023

Whether married daughters of landlord are his dependents for the purpose of claiming eviction of tenant?

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  The court is of the view that the status of financial well-being of a landlord or his family members-wife and children, who were dependent...

Should the court refuse an eviction decree to the landlord if the husbands of his married daughters have accommodation?

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  The landlord wanted his property not only for his daughters but for himself also. Assuming that accommodation was available with the respe...

Should a landlord have all information about the income and assets of his wife and disclose it before the court to seek eviction of a tenant?

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   The impugned judgment then delves into the examination of nature of business being carried out by the landlord i.e. whether the hotel bus...

Should a landlord disclose his entire financial transactions and file details of his income tax returns to prove his bona fide need for eviction of a tenant?

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   The court is of the view that disclosure of his entire financial affairs by a tenant is neither essential in an eviction petition nor is ...

Whether the rent control Court has jurisdiction to decide eviction of tenant proceeding instituted before amendment Act 2013 of S 83 of wakf Act?

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 At the outset, the respondent has questioned the maintainability of the eviction petition before the learned ARC on the ground that under s...
Monday, 6 July 2020

Whether Landlord can file composite suit seeking eviction of the tenant from tenanted property and encroached property?

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  In  Sopan Sukhdeo Sable and others v. Assistant Charity Commissioner  and others, MANU/SC/0071/2004 : AIR 2004 SC 1801, the Hon'ble ...
Saturday, 4 April 2020

Whether a landlord can seek eviction of a tenant from tenanted premises used for commercial purpose for his residential use?

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  It is settled proposition of law that even if the premises has been let out for commercial purposes and are being used as commercial, a...
Wednesday, 27 November 2019

Whether transferee landlord can seek eviction of tenant if tenanted property is transferred to it by operation of law?

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It is no doubt true that per se Section 109 and 507 of T.P. Act does not apply to the facts of this case. It contemplates transfer of less...
Wednesday, 30 October 2019

Whether court can direct eviction of tenant on basis of statement made by Advocate of tenant?

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 It has been held by the Apex Court in Babu Ram Gupta (supra) that even if there was an undertaking given by the counsel on behalf of his...
Tuesday, 17 September 2019

Whether landlord should have funds in cash for getting eviction of tenant for redevelopment of tenanted premises?

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The learned Counsel for the tenants/defendants mainly harped on the conditions in Section 16(6) of the Maharashtra Rent Control Act, which...
Sunday, 23 June 2019

Whether co-owner who has not inducted a tenant can seek eviction of such tenant?

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Examining the proposition from another angle, it may be noticed that the tenancy rights are indivisible and a co-owner is competent to ind...
Sunday, 6 January 2019

Whether lessee is liable to be evicted even if he has made construction in tenanted premises with permission of municipal corporation?

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 The question whether the construction by itself is a violation of the terms and conditions of the lease deed and whether for such violati...
Saturday, 5 January 2019

Whether family member of tenant can reside in tenanted premises after eviction of tenant?

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The Ld. counsel for the appellants/defendants argued that the subject suit could not be decreed under Order XII Rule 6 CPC because it has ...
Sunday, 16 December 2018

Whether tenant is entitled to get alternative accommodation if he is evicted for demolition of tenanted building?

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 Section 16(1)(i) provided that the decree for eviction may be passed if the premises are reasonably and bona fide required by the landlo...

Whether eviction proceeding can proceed further on other grounds if tenanted premises is demolished?

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  The High Court has taken a view that once the delivery of the premises had already been taken in execution and for that matter, in case ...

Whether it is mandatory for landlord to reconstruct and permit tenants to re-enter if he seeking eviction on ground of demolition?

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  A perusal of the aforesaid provisions show that where a building is reasonably and bona fide required by the landlord for the immediate ...
Friday, 23 November 2018

Whether landlord will be debarred from seeking eviction of tenant if receives rent after issuance of quit notice?

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  The mere fact that the tenant continues in possession and rent is accepted and the suit is not instituted are insufficient circumstanc...
Thursday, 20 September 2018

When tenant should not be evicted on ground of change of user from one business to another business?

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  The main point urged on behalf of the Appellant is that the premises which was let out for saw mill is now being utilized for the purpo...
Wednesday, 15 August 2018

Whether court should order eviction of tenant on ground of compromise if ground for eviction is not made out?

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The common thread that runs through the aforesaid pronouncements of this Court is –  in cases where protection under a Rent Act is availab...
Wednesday, 8 August 2018

Whether it is necessary for landlord to indicate precise nature of business which he intends to start in tenanted premises?

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The Courts below have also taken the view that, in law, it is essential for the landlord to mention about the alleged requirement of the su...