...Court observed in Prabhakaran v. State of Tamilnadu, AIR 1987 SC 2117 : "Litigations in landlord-tenant cases must come...house for rebuilding. It is a travesty of justice. The M. P. Accommodation Control Act, 1961 is a beneficial legislation - beneficial both to landlord and tenant. It protects...not be made to appear as a teasing illusion. Tardy pace in such cases, built on bona fide requirements, should be spurned and verdict, one way or the other should be expeditious." The present case...

...does not permit the landlord to snap his relationship with the tenant merely by his act of serving a notice to quit on him. In spite of the notice, the law says that he continues to be a tenant and he...the result of statute. But the quality of the estate or interest is the same in both cases. The difficulty in recognising that a statutory tenant can have estate or interest in the premises arises...came into possession as such tenant on and from September 1 1959. In April 1970 the respondent landlord determined the tenancy by serving a notice to quit on the tenant Wasti Ram, since deceased. In...

...court, it would not only be cumbersome but would protract the trial of all landlord tenant cases. Then again, a question may arise, why deposit of rent is not required to be proved at the first appellate...when the landlord takes the plea that the tenant has subsequently also defaulted in regularly making the payment of rent during the pendency of the suit, otherwise, the manner of proving subsequent...tenant has failed to discharge his liabilities a right shall spring up in favour of the landlord to get the decree for ejectment on any of the grounds as incorporated in the Assam Urban...

.... Hence, there is no express provision in the Act empowering the Controller, or the Tribunal, to determine whether or not there is a relationship of landlord and tenant. In most cases such a...jurisdiction to entertain the proceedings, inasmuch as it was denied that there was any relationship of landlord and tenant between the parties. Consequently, it was further contended, the provisions of Section...protection. The Act postulates the relationship of landlord and tenant, which must be a pre-existing relationship. The Act is directed to control some of the terms and incidents of that relationship...

...) ‘family’, in relation to a landlord or tenant of a building, means, his or her—(i) spouse,(ii) male lineal descendants...prescribes the conditions under which deemed vacancy shall occur. The relevant part thereof is as follows:“12. Deemed vacancy of building in certain cases.— (1) A landlord or...building or part which a landlord or tenant has ceased to occupy within the meaning of sub-section (1), or sub-section (2), or sub-section (3), sub-section (3-A) or sub-section (3-B), shall, for the...

...involved in the instant case is commercial dispute as defined under Section 2(1)(c)(vii) of the Act. In this Court's opinion, ordinarily landlord tenant cases does not come within the purview of...commercial dispute. A "commercial dispute" indicates something more than a simple landlord tenant dispute. This view of the Court also gets fortified by observations made by Hon'ble Apex Court in Ambalal...(Supra). Further, if all landlord tenant disputes with respect to non-residential properties are held to be "commercial dispute" within the definition of "commercial...

...obvious that the bar under clause (d) is applicable to those cases only in which the relationship of landlord and tenant is admitted and the object of the suit is to determine the nature of the...sub-section 3 and the second is that the existence of the relationship of landlord and tenant should be admitted by the parties. If these two conditions are not satisfied then, according to him, the...entry reads thus:“Suits by a landlord to eject a tenant.”They also contend that their suit before the Revenue Court was one under Entry (d) which...

...the hands of the tenant. The rent which the landlord might realise if the building were let is made the basis for fixing the annual value of the building. The word “reasonably” in the definition is...very important. What the landlord might reasonably expect to get from a hypothetical tenant, if the building were let from year to year, affords the statutory yardstick for determining the annual value..., relationship and such other considerations may take it out of the bounds of reasonableness.” The actual rent payable by a tenant to the landlord would in normal circumstances afford reliable evidence of...

...assent of the landlord cannot be assumed in cases of tenancies to which the Rent Restriction Acts apply on account of the immunity from eviction which a tenant enjoys even after the expiry of lease.... In such cases, the landlord cannot eject him except on specified grounds mentioned in the Rent Restriction Acts and thus the acceptance of rent by the landlord from a statutory tenant, whose...contractual tenancy, the landlord had entered into a fresh contract with the tenant, but whether the conduct justifies such an inference must always depend upon the facts of each case. In Bhawanji Lakhamshi v...

...other words, grounds other than those mentioned in Section 3 on which a landlord would have been entitled to eject his thika tenant under the provisions of the Transfer of Property Act became...force, a landlord wishing to eject a thika tenant on one or more of the grounds specified in Section 3 shall apply in the prescribed manner to the Controller for an order in that behalf and, on receipt...directing the thika tenant to vacate the holding and, subject to the provisions of Section 10, to put the landlord in possession thereof.”This section requires the...

...cases of wilful default, but it specifies only one instance where the default should be construed as wilful. If a tenant does not pay the rents at all for a considerable time and the landlord files a....8. In Civil Appeal No. 1992 of 1982, the respondent landlord filed an eviction petition against the appellant tenant on the grounds of wilful default and the premises needing...explanation offered by the tenant could not be accepted as his sons were carrying on the business in the same premises and nothing prevented them from paying the rent to the landlord if the appellant...

...which he was carrying on in a rented building to the premises in dispute. The landlord filed an application under Section 8(3)(a)(ii) of the Act for the eviction of the tenant on the ground that...with the right of tenant to deposit rent in certain cases and time for deposit and savings. Section 7-C deals with eviction of tenant in occupation of a house under an allotment order. Section 8...-section (2) provides the circumstances in which a landlord would be entitled to seek eviction of a tenant in possession. For instance a Landlord is entitled to evict a tenant if the tenant has not...

...tenant. The latest gainer is the tenant when the High Court of Bombay saved him from the peril of eviction. It is now the turn of the landlord and hence he challenged the judgment by filing this...appeal by special leave.3. In the year 1975, the appellant-landlord spread his net so wide with multi-spoked grounds, as to catch the tenant by an order of eviction on the....6. The relevant provision under which a landlord can seek a decree for eviction of his tenant for his own occupation of the building is Section 13(1)(g) of the Act. It...

...Deepak Verma, J.— Leave granted. One-half of the lis between the landlord and tenant would not reach courts, if the tenant agrees to pay the present prevalent market rate of...between the landlord and tenant shows otherwise. The tenant is happy in paying the meagre amount of rent fixed years ago and the landlord continues to find out various grounds under the Rent Acts, to....14. A critical scrutiny of the aforesaid judgments/orders would show that in these cases neither was there any offer made by the landlord nor any corresponding acceptance by...

...for an application for fixation of a fair rent by the tenant as well as the landlord. The fair rent for any residential building is to be six per cent gross return per annum on the total cost of the...for payment of additional sums in cases where the taxes and cesses payable to local authorities are increased.9. Section 7 prohibits the landlord from claiming or receiving or...the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply under that sub-section before the expiry of such period...

...the landlord cannot be assumed in cases of tenancies to which the Rent Restriction Acts apply on account of the immunity from eviction which a tenant enjoys even after the expiry of lease. In...such cases, the landlord cannot eject him except on specified grounds mentioned in the Rent Restriction Acts and thus the acceptance of rent by the landlord from a statutory tenant, whose lease...is the tenant of the first respondent K. Chandrasekaran (landlord) vide a lease deed for ten years culminating in the year 1966 (sic). The appellant is the dealer of the second respondent Hindustan...

...over the State is to ensure speedy disposal of eviction cases between the landlord and tenant and especially those cases where the landlord seek eviction for his bona fide need...need of the landlord. We hope and trust that due attention would be paid by all courts to ensure speedy disposal of eviction cases.45. As a result of the foregoing...Abhay Manohar Sapre, J.— Leave granted. This appeal is filed by the appellant landlord against the final judgment and order dated 11-1-2016 passed by the High Court of Kerala...

...vacancy of building in certain cases.—(1) A landlord or tenant of a building shall be deemed to have ceased to occupy the building or a part thereof if—(a) he has...accommodation let out to the appellant must be deemed to be vacant.2. The respondent is the landlord and the appellant is the tenant of a shop in Mohalla Nan Panjan, Khurja in...tenant. Under Section 12(1)(b), with which we are concerned here, a tenant of a building is deemed to have ceased to occupy the building if he has allowed it to be occupied by any person who is not a...