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Showing posts with label rent Act. Show all posts
Showing posts with label rent Act. Show all posts
Sunday, 22 December 2019

Whether doctrine of res judicata is applicable if suit is filed under new rent Act?

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  Therefore, even after dismissal of earlier proceeding if a new act is promulgated, the beneficiary under the statute can always ring the...

Whether eviction suit filed by unregistered partnership firm is maintainable?

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Contention was raised that the suit was not maintainable since the same was filed by an unregistered firm. Repelling the contention court ...

Whether share holder of company can be treated as co-owner of property for the purpose of rent Act?

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Similarly, it is the contention of the revision petitioner that the building in Triplicane, referred in the petition also belongs to the r...
Thursday, 19 December 2019

Supreme Court: While considering right of succession of married daughter over leased property provisions of rent Act are not relevant

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 From the impugned orders passed by the inventory court and the High Court, it is not in dispute that both the courts below have held agai...
Monday, 16 December 2019

Supreme Court: While considering right of succession over lease property provisions of rent Act are not to be considered

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We are of the opinion that both, the learned Inventory Court as well as the High Court have committed a grave error in relying upon the pr...
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...
Sunday, 8 July 2018

Whether tenant is entitled to get benefit of Rent Act if he fails to comply strictly provisions of Rent Act?

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 It will thus appear that this Court has consistently taken the views that in Rent Control Legislations if the tenant wishes to take advan...
Monday, 1 January 2018

Whether purchaser of property can remain in possession of joint family house if it is used for commercial purpose?

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It is not disputed that the suit house was given on rent to Sheikhar Chand Jain in the year 1968. In first round of litigation a Civil Su...
Sunday, 31 December 2017

Whether tenant has right to file repeated applications without a substantial cause?

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No doubt that the tenant has a right to file applications but has no right to file frivolous applications.  The Code of Civil Procedure e...

Whether directory provisions of Rent Act can be reduced to a dead letter?

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The Rajasthan Rent Control Act, 2001 (hereinafter “the Act of 2001”) was intended to expedite the adjudication of landlord-tenant disputes....
Saturday, 9 September 2017

What is basic concept of suitable accommodation in rent Act?

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It is necessary to bear in mind that the Legislature in enacting Section 13(1)(1) of the Act did not say that as soon as the tenant gets s...
Saturday, 26 August 2017

How to ascertain existence of partnership for purpose of Rent Act?

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In the light of the above finding, if one turns to law laid down by the Apex Court in the case of Shama Prasad Raje v. Ganpatrao, AIR 200...
Saturday, 22 October 2016

Whether landlord can apply for release under rent Act through power of attorney?

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In the instant case, it is the owner who has applied for release under Section 21 of the Rent Act through power of attorney. The applicatio...
Sunday, 25 September 2016

How to determine rateable value of of property for levy of property taxes?

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 In Dr.Balbir Singh & ors. v/s. M/s.M.C.D. & Ors., AIR 1985 SC 339, it was held that the ratable value of a building, whether tenan...
Sunday, 31 March 2013

Executability of compromise decree passed on the basis of compromise as per Rent Act

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 Unless one of the grounds available under Section 16 is taken up, pleaded or shown to the Court at the time of compromise and unless ...