Tag: Rentcontroldigest

Laxmidas Bapudas Darbar and anr Vs Smt. Rudravva and Ors-27/08/2001

SUPREME COURT OF INDIA JUDGMENTS

Transfer of Property Act, 1882—Section 111—Lease—Determination—Fixed term contractual lessee—Non obstante clause in Rent Act—Eviction sought on bona fide need of lessor as a ground for eviction under the Rent Act—Held: After enforcement of Rent Act a fixed term contractual lessee, during subsistence of lease, be evicted only on grounds of eviction provided in the Rent Act and that too only if such grounds have been provided as one of the grounds for forfeiture of lease rights in the lease deed.

Asgar & Ors. Vs. Mohan Varma & Ors-05/02/2019

An issue which the appellants might and ought to have asserted in the earlier round of proceedings is deemed to have been directly and substantially in issue. The High Court was, in this view of the matter, entirely justified in coming to the conclusion that the failure of the appellants to raise a claim would result in the application of the principle of constructive res judicata both having regard to the provisions of Sections 4 and 5 of the Act of 1958 and to the provisions of Order XXI Rules 97 to 101 of the CPC.