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Showing posts with label tenanted premises. Show all posts
Showing posts with label tenanted premises. Show all posts
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...
Friday, 9 April 2021

Whether court can treat the tenanted property as joint family property if Karta is the tenant of said property?

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 A perusal of the facts on record would show that it was a contract  of tenancy entered upon by great grandfather of the plaintiff.  Even if...
Tuesday, 6 April 2021

Whether court can give Judgment on admission if the tenant has taken the plea that he had provided financial help to the landlord?

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An application was filed by the respondent under Order 12 Rule 6 CPC seeking decree of possession as well as arrears of rent on admission. B...
Sunday, 4 April 2021

Whether tenant can acquire possessory right in tenanted premises under the oral agreement of sale?

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 I have perused the judgment of the Trial Court. Trial Court has decreed the suit on the ground that in the written statement the Appellant ...
Monday, 14 December 2020

Whether eviction decree will be vitiated if the court takes into consideration comparative hardship if tenanted premises was vacant land?

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  Here, in the case before us, the leased property is vacant land. But the Courts below have spoken about comparative hardship. So the Corpo...

Whether the court should dismiss eviction suit if the tenant takes plea that change of user of tenanted premises is not permissible?

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(j) Prohibition on the Change of User: 74. About the State Government's directions issued on 03.12.2009 and consequential regulatory ord...
Saturday, 5 September 2020

Whether the court should reject plaint of eviction suit at the stage of final argument?

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Assailing the order, it is contended by the learned counsel for the petitioner that the rent agreement dated 01.01.2014 does not reveal th...
Monday, 31 August 2020

Whether a tenant can deny the title of the landlord if the landlord has constructed a tenanted structure on leasehold land of government?

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1)Tenant has contended that the landlord was not the 'owner' of the subject premises, since it is leasehold property, with the D...
Wednesday, 26 August 2020

Bombay HC: Basic principles which court should follow while declaring any one member of the family as a tenant

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Accommodation is a serious problem facing people. Practically in every tenanted premises along with the tenant scores of other relatives r...
Tuesday, 11 August 2020

How to ascertain standard rent of tenanted premises?

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10.1. So far the determination of standard rent is concerned, there are two main methods of determining the same, namely the theory of com...
Friday, 7 August 2020

Whether landlord is bound by relinquishment deed executed by tenant in favour of his brother?

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Next we examine the question as to whether defendants 2 and 3 became tenants by virtue of alleged assignment of tenancy rights by defendant...

How to ascertain that rented premises was taken on behalf of joint hindu family?

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 It is the stand of the plaintiff-landlord that the tenant never paid any rent for the suit premises. It is further clear from the pleadin...
Sunday, 2 August 2020

Whether the court can draw an inference that rented premises was sublet if the tenant fails to take steps for recovery of its possession from the third person?

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 Undoubtedly, the NDMC appears to have not taken any action against the SOS Children's Villages of India to take back the possession...
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...
Friday, 3 April 2020

Whether eviction suit filed by the landlord is maintainable if the tenant is claiming the title in tenanted premises by agreement of sale?

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In this case it is held by court that merely because an appeal was filed by the tenant against the dismissal of his suit for specific perf...
Thursday, 30 January 2020

Whether subletting can be inferred if portion of tenanted premises is in possession of Company?

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It may be recalled that the decree for eviction against the appellant has been passed on the ground that though subletting of the premises...
Sunday, 19 January 2020

Whether it is mandatory to implead karta of HUF in eviction suit filed by co-owner of tenanted property?

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  This, however, does not imply that for want of impleadment of Karta, in the peculiar facts of the case, the suit is liable to be dis...
Sunday, 5 January 2020

Bombay HC: Joint family of deceased tenant can not claim tenancy right in respect of tenanted premises

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From a plain reading of section 5 (11) (c) (i) of the Act, it is difficult to accept the contention as urged on behalf of the petition...
Sunday, 22 December 2019

Supreme Court: Landlord can seek eviction decree for his residential need or commercial need if tenancy is for composite purpose

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In any case and without going into much detail, we are of the view that if the tenancy is for composite purpose because some portion of te...