.../respondent being a tenant could not claim ownership, in view of the settled principle of law, that once a tenant is always a tenant. 7 The contention of the learned Addl. A.G., Punjab...contention of the learned Addl. A.G., Punjab that "once a tenant is always a tenant" can not be applied to the facts of case, as the occupancy tenancy rights matured in ownership under the statute.... 3 The case of the plaintiff/respondent was, that on resumption of 'Muafi'the predecessors-in-interest of the plaintiff/respondent were conferred the status of occupancy tenant as per...

... Randhawa AIR 2008 Delhi 110 held that once a tenant, always a tenant unless the status changes by contract or by law. Parity can also be drawn with a...earlier i.e. as a tenant. 25. The principle, "once a tenant always a tenant" can also be invoked in this respect. This Court in M.R..., 2010) held "ex- facie, once a tenant always remains tenant, unless the status changes by contract or by operation of law". As far back as in...

...agreement to sell, the only inference is that the person continues in the same status as earlier i.e. as a tenant. 25. The principle, "once a tenant always a tenant" can also... Delhi 110 (SLP No. 13820/2008 whereagainst was dismissed on 22ndOctober, 2010) held "ex-facie, once a tenant always remains tenant, unless the stat...always a tenant" would apply. I may mention that the position of a tenant in this regard is the same as that of a 13...

...not even bona fide. If the applicant plaintiff was the tenant he would continue to be the tenant as “once a tenant is always a tenant”. If he was tenant and even his predecessor-in-interest were...

...the settled position of law that “once a tenant always a tenant” It was further argued that in the earlier case, the only question involved was regarding their entitlement to the purchase of land, in...

...of a tenant, the requirement or need set up by him must subsist till the appeal filed by the tenant is finally decided and that a tenant can always take advantage of subsequent event like death of...G.P Mathur, J.— It is a shocking case. A suit for eviction of a tenant was instituted more than 42 years back in March 1962 for the bona fide need of carrying on business by...the owner landlord but his widow and sons are still knocking the doors of the court of justice. During the pendency of the appeal filed by the tenant the landlord died leaving a widow and minor sons...

...has also failed to prove his hostile possession. He is recorded as a tenant and once he is a tenant, he is always a tenant. Further finding was recorded that the jurisdiction of civil court is barred...be in possession as tenant. Therefore, he was rightly held to be tenant and a tenant cannot claim hostile possession against the owner. The findings of facts have been recorded by both the Courts below...

...being in possession to the exclusion of the tenant. On the contrary, the evidence of the landlord, as indeed of the tenant, unmistakably show that the tenant has always been in full control and...respondent tenant only. As regards the sixth respondent in the eviction petition, the Rent Controller held that no sub-letting, assignment or parting with possession of any portion of the subject...possession-physical and legal-of the tenanted premises. The presence of others was temporary, for a few hours of the day when the tenant would also be present, and clearly for permissive use, it having come to...

...submissions made by the learned Counsel for the petitioner-tenant that the tenant was always ready and willing to pay the rent as directed by the Court, but owing to the disabilities created as...tenant. The so called inaction on part of the tenant was genuine and was not of the making of the tenant. The tenant, therefore, succeeds in establishing that he was always ready and willing to pay...1. The petitioner in this Revision Petition is the original tenant of the premises in question and the respondent is the landlord thereof. The finding recorded by the learned Principal...

...restricted to the death of the original tenant, but shall apply, and shall be deemed always to have applied, even on the death of any subsequent tenant, who becomes tenant under these provisions on the death...strike a balance between the competing interests of the landlord and the tenant, pass interim orders asking the tenant to pay to the landlord or deposit in Court, as monthly rent, certain sum fixed...(2005) 1 SCC 705 the tenant, having lost before the Rent Controller preferred an appeal before the Rent Control Tribunal. The Tribunal stayed the tenant's eviction but...

...further inquiry, merely because the landholder denies that plaintiff is his tenant is to put it in the power of the landholder always to deprive the tenant of the remedy by summary suit given him by..., in our opinion, follow that in a summary suit under Section 8 the Collector is debarred from adjudicating upon the question whether the relation of landlord and tenant exists between the parties.... 2. He is to try the case, and the plaintiff's case is that he is a tenant and entitled to a patta which defendant denies. To say that the Collector is to hold his hand and make no...

..., always a tenant. In other words it may amount to depriving the landlord of his right to property. Such construction in my opinion is not possible.8. The purpose of the Rent Act was to...the suit. I do not propose to consider the issue of keeping vacant the premises for six months before filing of the suit. The sole issue is, as to whether the tenant after creation of the tenancy and...Rates Control Act, 1947. Section 13(1)(1) reads as under:“that the tenant after coming into operation of this Act has built, acquired vacant possession of, or been allotted a...

...settled law that a tenant is always a tenant until and unless he is dispossessed in accordance with law. In this case, after the property in dispute has been purchased by the petitioner from the owner...recorded as Batai Tihai Bashrah Khata No. 2 in column no. 9, which means that respondent no. 5 was recorded as tenant before the land in dispute was purchased by the petitioner. Admittedly, there is no.../landlord of respondent no. 5, he would step into the shoe of his vendor and would automatically become landlord of respondent-tenant.Keeping in view the aforesaid discussion, I have not...

...where the question of eviction of a tenant is involved it is always expedient that the tenant must be served personally end the landlord should not be allowed to get the tenant evicted merely on...the restoration application of the tenant respondents. The petitioner filed an application under Section 21 of U.P Act No. 13 of 1972 before the Prescribed Authority and...obtained an ex-parte order. The restoration application filed by the tenant respondent has been allowed by the Appellate Court. It is admitted fact that the tenant respondent was not served personally...

...also submitted that once a tenant is always a tenant until and unless he is evicted in accordance with law. It is further argued that once the petitioner is a tenant of the judgment-debtor, he would...possession of the demised premises as a tenant having been inducted by Rajinder Kaur vide lease deed dated 22.4.2002 for a period of 5 years and filed objections in the execution to resist the...of Order 21 Rule 36 of the Code of Civil Procedure, 1908 [for short 'the CPC] as the actual physical possession could not be delivered because he was found to be the tenant...

...prescriptive right over the servient tenement, inasmuch as he had no right to the dominant tenement itself, and it is to be doubted whether he has correctly expressed what he really meant. A tenant has always...showing that tenants with permanent rights have very extensive rights in the lands forming the subject of their tenancies. This no doubt is the case, but still a tenant is always a tenant and never an...owner of the land. He always derives his rights from the lessor, and as the latter cannot have the right of enjoyment of an easement as of right against himself, so neither can his tenant against him...

...ceased to exist, where both the contractual and statutory tenancies are fully terminated. “Once a tenant, always a tenant”, one could still say, in the context of these provisions. In these regions, as...1. The landlord sought eviction of the tenant in O.P 57/62 and got an order in his favour; but his petition for execution was dismissed as time-barred. In 1976 another petition for...eviction was filed. The Rent Control Court allowed it. But the appellate authority thought that after the decree in the 1932 petition, there was no landlord-tenant relationship between the parties; and on...

...8609 of 1996 dismissed vide order dated 17.1.19976. It is well known that once a tenant always a tenant. Once a person is found to be a tenant, he has no right to throw a challenge to...that the petitioner who is tenant on the Khasra Number mentioned in the record should be shown as such in respect of the share of Central Government.3. In response to the notice of...and that of Central Government and accordingly correct the entries in the revenue record. The petitioner who is tenant on the number Khasra mentioned in the record should remain as such under the...

....’ ”7. In Jeenab Ali v. Allabuddin it was held that a tenant is always a tenant and never an owner of...the land; he always derives his rights from the lessor; and as the latter cannot have the right of enjoyment of an easement as against himself, so neither can his tenant against him. To the similar...All WN 38 (FB) a Full Bench of five Judges of Allahabad High Court held that a tenant cannot as against his landlord acquire by presumption an easement of way in favour of the land occupied...

...a tenant is always a tenant. Change of user by a tenant may be a good ground to seek his ejectment but change of land of use from agriculture to construction in itself cannot erode the status of a...tenant. 18. Relief In view of my above said discussion especially discussion on issue No.2 suit of the plaintiff is decree and the defendants are permanently restrained from taking forcible possession of land measuring 2...