CiteTEXT
...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...
...obligations of landlords and also provides for penalties in appropriate cases. The sections make it clear that the duties and obligations cast upon the landlord apply equally whether the tenant is a so-called...contractual tenant and statutory tenant. “It 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...result of contract while in the other, it is 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...
...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...
...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...
...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 question would not arise for...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 l5(7...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. Hence, there is no...
...) ‘family’, in relation to a landlord or tenant of a building, means, his or her—(i) spouse,(ii) male lineal descendants....— (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 substantially removed his...residing with nor is wholly dependent on such tenant.(4) Any building or part which a landlord or tenant has ceased to occupy within the meaning of sub-section (1), or sub...
...-situation which prevailed in each of the cases, it does not follow that the landlord could, therefore, reasonably expect to receive the same amount of rent from a hypothetical tenant. The existing...the present cases the tenant was debarred by the period of limitation from making an application for fixation of the standard rent and the landlord was consequently entitled to continue to receive...is the rent realisable by the landlord and not the value of the holding in the hands of the tenant. The rent which the landlord might realise if the building were let is made the basis for fixing the...
...the lessor/landlord and that such an 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...by rent laws. In such cases, therefore, it is for the tenant where it is said that the landlord accepted the rent not as a statutory tenant but only as a legal tenant indicating his assent to the...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...
...-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 suit is...in question would fall under Entry (e) in the second group. That entry reads thus:“Suits by a landlord to eject a tenant...of occupancy, or by a landlord to prove that a tenant has not such a right;”.It would, however, appear that not only Items (d) and (e) but every 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 inapplicable to the case of the thika...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 of such...thika tenant to vacate the holding and, subject to the provisions of Section 10, to put the landlord in possession thereof.”This section requires...
...rent punctually unless some drastic step is taken. These Acts, therefore, strike a just balance between the rights of a landlord and those of a tenant. For deciding these cases, it is not necessary for...us.3. In Civil Appeal No. 1178 of 1984, the respondent landlord let out the suit premises No. 3-B, New No. 2-B, Davidson Street, Broadway, Madras, to the appellant-tenant....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 repairs. However, the...
...landlord and tenant even in cases in which such relationship terminated under the provisions of the Transfer of Property Act, continues subject to the provisions of the Act. The rights of the tenants as...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 he required...or agreed rent. Section 7 deals with issue of receipts for rent. Sections 7-A and 7-B deal with the right of tenant to deposit rent in certain cases and time for deposit and savings. Section 7-C deals...
...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 reads thus...
...judgments/orders would show that in these cases neither was there any offer made by the landlord nor any corresponding acceptance by the tenant, still the High Courts, in each of these cases, had...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...
...the provisions of the Act. Section 13 provides exceptional cases in which the landlord can eject the tenant even though he had been paying rent regularly or be ready and willing to pay rent. The...landlord and tenant relating to possession of the premises. That section expressely provides that no other Court, subject to the provisions of sub-section (2) which do not apply to this case, has...occupy the house for residence without making any alterations in it. There could not be any logical reason for such a prohibition. Under ordinary law, the landlord is entitled to eject his tenant...
...popularly called statutory tenancies. As noticed earlier the definition of the term “landlord” as well as the term “tenant” shows that the Act applies to contractual tenancies as well as cases of...permissible except in cases where some addition, improvement or alteration has been carried out at the expense of the landlord and if the building is then in the occupation of a tenant, at his request and...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 building if it is residential...
...the tenancy would come to an end, and with it liability on the covenants, for there would no longer be any physical entity which the tenant could hold of his landlord for any term, and there can hardly...destruction of a shop let out to the tenant, by fire. The tenant shifted his business elsewhere. Subsequently, the landlord put up a fresh construction on that very site where the earlier tenanted shop...leasehold property the landlord constructed a new shop, the tenant cannot compel the landlord to surrender possession of the newly-constructed shop on the premise that the old contract or tenancy...
...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...vacant is available for allotment under Section 16 of the Act to a 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...
...tenant and especially those cases where the landlord seek eviction for his bona fide need.44. We sincerely feel that the eviction matters should be given priority in....43. Before parting, we consider it apposite to observe that the object of the Rent laws all over the State is to ensure speedy disposal of eviction cases between the landlord and...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...
.... There may however be cases where the landlord is unwilling to eject a tenant, if he can get a fair rent for the land. The Act provides for the payment of compensation to the tenant in case of ejectment...Court of District Munsif, Palani.4. The Madras City Tenants' Protection Act, 1921 gives the option of purchasing the site from the landlord by the tenant in case a suit for...eviction is filed by the landlord where the tenant is the owner of the superstructure standing thereon and if the tenant is not interested in buying the site then the landlord can buy the superstructure...