It is a settled position of law that once tenancy is created, a tenant can be evicted only after following the due process of law, as prescribed under the provisions of the Rent Control Act. A tenant cannot be arbitrarily evicted by using the provisions of the SARFAESI Act as that would amount to stultifying the statutory rights of protection given to the tenant….
SEPTEMBER 18, 2018: The petition for eviction filed by the Landlord under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 was dismissed by the Rent Controller. The judgment of the Rent Controller was affirmed in appeal by the Appellate Authority, Faridabad and in revision by the High Court of Punjab and Haryana at Chandigarh. Aggrieved thereby the landlord filed appeal befote the Supreme Court .
Supreme Court held while dismissing the appeal for eviction, in RAVI CHAND MANGLA Versus DIMPAL SOLANIA & ORS. that “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 purpose of manufacturing of grills which amount to change of user. Submissions were made before us by both sides on the interpretation of terms of the rent agreement. On a perusal of the agreement, we are convinced that there is no restriction placed on the Respondents-tenant to run business only relating to the saw mill. The tenant was given the liberty to carry on any other business as well. In the absence of any negative covenant the user does not amount to user for the purpose other than for which the premises was leased. A premises taken on rent for ‘sugarcane crushing’ was used for cloth business in which case the landlord’s contention that there was change of user was rejected.
Consequence of letting out premises to same tenant for limited periods more than once after expiry of each such period
In Smt. Ddhanwanti Versus D.D. Gupta (1986 3 S.C.C 1 it was held that obtaining permission for letting out the premises to the same tenant for limited periods more than once after […]
If the Rent Controller is held not to be a “Court”, whether any private complaint would be maintainable in respect of statements falsely made before it?
(2011) 13 SCALE 137 (SUPREME COURT OF INDIA) Iqbal Singh Narang and Others Appellant Versus Veeran Narang Respondent (Before : Altamas Kabir and Surinder Singh Nijjar, JJ.) Criminal Appeal No. 2225 of […]
In the case of Associated Hotels of India Ltd., Delhi vs. S. B. Sardar Ranjit Singh, AIR 1968 SC 933,Apex Court held that when eviction is sought on the ground of subletting, […]
West Bengal Premises Tenancy Act 1997 26. Creation and termination of sub-tenancy to be notified. – (1) Where after the commencement of this Act, any premises is sublet, either in whole or […]
Property held as joint tenancy passes on the death of one joint tenant, by survivorship. Among tenants-in-common, it passes by succession.
These questions are manifestations of the concepts of property know as “joint tenancy” and “tenancy-in-common”. They are marked by distinct features. Property held as joint tenancy passes on the death of one […]
A decree of eviction passed by the Civil Judge having jurisdiction, in a suit for eviction filed under Section 6 of the West Bengal Premises Tenancy act is appealable under Section 96 of the A Civil Procedure Code
Calcutta High Court In Tapas Biswas Vs. Shyama Prosad Ghosal (2008)4CALLT455(HC)] (A) whether any appeal lies against an order of eviction of a tenant passed under Section 6 of the West Bengal Premises Tenancy […]
Whether any interlocutory order passed in an eviction suit under west Bengal premises tenancy Act is assailable under Articles 226 and 227 of the Constitution of India.
Calcutta High Court In Tapas Biswas Vs. Shyama Prosad Ghosal [(2008)4CALLT455(HC)] The orders passed by the Civil Judge having jurisdiction in connection with any interlocutory proceeding including a proceeding under Section 7 of […]
KEYWORDS:- RENT CONTROL-INTERLOCUTORY APPLICATION- JURISDICTION OF CIVIL COURT DATE: Nov-28-2008 ACTS: Premises Tenancy Act, 1997 – Sections 2, 3, 5, 6, 7, 8, 9, 10, 11, 29, 38, 38(5), 39, 43 and 44 ALTERNATIVE […]