Disconnection of Essential Utilities by Landlords: Permissible or Not?
by Tamarra Sequeira*, Amruthavarshini**, Aditya Sethi*** and Nandita Mathihalli****
Landlord
“Financial affluence of landlord has no bearing on the proceedings under Section 14(1)(e) of Delhi Rent Control Act, 1958”; Delhi HC upholds Additional Rent Controller’s order
The Delhi High Court opined that there is no law that states that requirement of a rich man must be presumed to be devoid of ‘bona fide’.
Omission to label demolition notice with provision under which it was issued would not make it nugatory if substance clearly stated: SC
‘Eviction proceedings under Section 16(1)(i) and (k) of the Maharashtra Rent Control Act, 1999 have different degrees of urgency, the former has a lesser degree of urgency than later, and it is within the jurisdiction of the Court to test this factor.’
Bona fide necessity to run business from a place will be decided by landlord; tenant cannot resist eviction dictating landlord alternative places: Rajasthan HC
“The petitioner/tenant is not able to demonstrate the extreme hardship caused to him upon vacating the premises in dispute. The litigation has consumed 10 years and thus, the hardship suffered by the respondent/landlord is more than the tenant.”
No bar which can restrict landlord from beneficial enjoyment of his property: Allahabad HC upholds order directing tenant to vacate premises
“A tenant or the Court cannot direct the landlord how and in what manner he should live/ arrange affairs. There is no bar which can restrict a landlord from beneficial enjoyment of his own property”
Tenant’s rights in redevelopment cannot eclipse landlord’s rights of ownership: Bombay High Court
“What the tenants really seek is not just a right to dictate the terms of that tenancy beyond anything the law contemplates, but to impermissibly expand tenancy rights to the prejudice of the property owner — without taking the slightest steps to acquire those ownership rights.”
[Perjury] | “Not every false statement is intended to be the subject matter of the prosecution”: Karnataka High Court
There must be prima facie case of deliberate falsity on a matter of substance and the Court must be satisfied and there must be reasonable foundation for the charge and the prosecution of the offender is necessary in the interest of justice.
Large scale exploitation of political power by politicians, especially in land grabbing matters: Madras HC asks landlord to file a memo of calculation of arrears
“Politicians play an influential role in the life of a common man. The words and actions of a politician has an impact on his followers, party men and public at large. It is imperative that this power is not to be misused for illegal and personal gains”
Does Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 completely bar institution of suit within 5 years? SC answers
Supreme Court held that not putting a quietus to the prolonged dispute at hand, spanning 38 years, on something as simple as tenancy issue, would be a travesty of justice.
Landlord cannot refuse to take over possession of suit property upon determination of lease on pretext of damage to the property; Patiala House Court reiterates
The landlord was offered the possession of the suit property which was refused by him on the pretext of damage to the suit property, whereas no evidence has been adduced by him about damage to the suit property except his bald statements.
Late payment of Rent as per direction of Revenue Court, a valid ground for eviction of Cultivating Tenant under Tamil Nadu Cultivating Tenant Protection Act: SC
The Court said that Section 4 of the Tamil Nadu Cultivating Tenant Protection Act provides for restoration of possession only in limited cases and that too when the default is of only one year of lease amount to be paid.
Explained| Supreme Court judgment on application of principle of Res Judicata and other CPC provisions
The Supreme Court said that before examining the defendants’ ground of res judicata to oppose the eviction petition, several aspects may have to be looked into, like whether such an issue was substantively at issue in the previous suit and similar such other questions may crop up.
Chhattisgarh High Court remands suit back to the Trial Court; Observes suit is not barred by Res Judicata and must be decided on merits
Chhattisgarh High Court: In an appeal against the decision of Trial Court of dismissing the suit mainly on the ground that the
CPC Order XV Rule 5| Mere denial of landlord-tenant relationship doesn’t grant tenant a holiday from duty to pay rent/damages: SC
Supreme Court: The Division Bench of Dinesh Maheshwari* and Aniruddha Bose, JJ., held that in cases disclosing deliberate defiance and elective non-performance
Delhi High Court upholds Trial Court ruling in application filed under O. XIII A CPC for default in payment of rent by tenant due to COVID
Delhi High Court: In a case where the Trial Court directed the tenants ‘appellants herein' to pay the defaults in
Once tenant starts paying rent, can he/she turn around and challenge title of landlord? Del HC examines
Delhi High Court: In a matter with regard to the grant of leave to defend, Subramonium Prasad, J., expressed that, the tenant
Cal HC | Parties to agreement of sale consciously changing their relationship cannot seek relief on the basis of previously established relationship
Calcutta High Court: The Division Bench of Soumen Sen and Ajoy Kumar Mukherjee, JJ., dismissed an appeal concerned with a breach of
Eviction of tenant, serving of notice by modes laid under S. 106 of Transfer of Property Act: Bom HC discusses all [Detailed report]
Bombay High Court: A.S. Gadkari, J., while addressing a matter of the eviction of a tenant focused on the modes of serving
What are the essential ingredients that a landlord is required to show for purpose of getting an eviction order for bonafide needs? Del HC elaborates
Delhi High Court: Jayant Nath, J., while addressing a matter noted the essential ingredients that a landlord is required to show for
All HC | During his lifetime, tenant enters into compromise with landlord and enjoys benefits thereof. After such tenant’s demise, can his legal heirs challenge the compromise? HC uncovers legal position
Allahabad High Court: Vivek Kumar Birla, J., expressed: “…a party cannot be permitted to blow hot – blow cold, where he knowingly