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Showing posts with label tenant. Show all posts
Showing posts with label tenant. Show all posts
Friday, 22 August 2025

Whether landlord is bound to deduct TDS on rental income of Rs 40,000/ per month given for household use in india?

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 No, the landlord is not bound to deduct TDS (Tax Deducted at Source) on rental income of ₹40,000 per month given for household (residential...
Thursday, 7 September 2023

Whether the court should interfere in notice issued by Municipal Corporation for demolition of dilapidated structure?

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This Court has examined the notice dated 18.11.2020, issued by respondent Nos. 3 and 4. It prima facie does not appear to be issued in a mec...
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...
Tuesday, 21 March 2023

Whether the court can direct tenant to pay enhanced rent during pendency of eviction proceeding as per O 15-A of CPC?

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 There is no gainsaying that an order under Order 39 Rule 10 CPC and/or Order XV-A CPC is rendered as an interim measure to safeguard the in...
Tuesday, 7 March 2023

Can the tenant refuse to pay rent in the absence of a specific clause in that regard in the sale agreement?

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It is settled position of law that an agreement holder who is the  tenant of the property should continue to pay the rent, unless there is a...
Friday, 8 July 2022

Can the Electricity board refuse to give electric supply to the tenant if the landlord fails to issue a no-objection certificate?

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It is now well settled proposition of law that electricity is a basic amenity of which a person cannot be deprived. Electricity cannot be de...
Saturday, 23 April 2022

Can Wakf tribunal decide suit relating to encroachment and tenancy over wakf property?

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 It is clear that the Legislature has added the underlined portion in the earlier Section 83. If the amended Section 83(1) is perused, it i...
Thursday, 17 February 2022

Is the right to get an Electricity supply a fundamental right under Article 21 of the Constitution?

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 The civil suit filed by the petitioner seeking mandatory injunction for restoration of electricity having been dismissed on the ground of a...
Sunday, 6 February 2022

Whether civil court or rent court will have jurisdiction to try a suit if tenant is government undertaking?

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 A perusal of the scheme of the Act 1976 would show that from the appointed day, right, title and interest of Burmah Shell with effect to Se...
Saturday, 5 February 2022

Is the landlord a proper party in a suit for perpetual injunction for restraining Municipal corporation from demolishing rented premises?

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The question is: whether the landlord is a necessary or proper party to the suit for perpetual injunction against the Municipal Corporation ...
Sunday, 31 October 2021

Whether landlord is entitled to get eviction decree if tenant fails to pay time barred rent?

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The issue involved in this petition is; whether the plaintiff-landlord was entitled to decree of eviction in a suit filed on 5th September, ...
Saturday, 23 October 2021

Should tenants of premises deposit total tax levied on the whole building at the time of filing of Municipal Appeal even though they occupy only a portion of it?

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Bombay Provincial Municipal Corporations Act (1949), S.217 - Appeal - Maintainability - Increase in rateable value of property tax - Complai...
Monday, 18 October 2021

Whether Municipal appeal is maintainable against issuance of property tax bill?

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   It is now well-settled that the right to file an appeal is a creation of the statute.  Section 406(1)  provides of appeals against any ra...

Under which circumstances tenant can file a municipal appeal against fixation of rateable value?

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  The last question, which requires consideration is whether the occupiers or the tenants have a right of filing a complaint and thereafter,...
Saturday, 24 July 2021

When can the court permit tenant to repair tenanted premises even if he has not given written notice to the landlord to repair premises?

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  The learned counsel for the petitioner has asserted that giving of a notice in writing is also an equally mandatory part of the cause of a...
Sunday, 4 July 2021

Whether court should order the tenant's eviction on the ground that the municipal corporation has issued demolition notices regarding rented premises if said order has lost efficacy?

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    On a consideration of the facts and circumstances of this case, I am disposed to hold that it is open to a Court hearing the landlord...