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Supreme Court (SC) Judgements on Section 106. TPA, Duration of certain leases in absence of written contract or local usage.

 

List of Judgements

VINAY EKNATH LAD vs. CHIU MAO CHEN

Judgement Date : december/2019, Citation : 2019 Latest Caselaw 1304 SC

Headnote :

IMPORTANTIn eviction proceedings, the landlord may be required to demonstrate their title; however, this does not need to be proven with the same rigor as in a suit for a declaration of title.A. Under Section 106 of the Transfer of Property Act, 1882, and Section 45(1) of the Indian Partnership Act,...

Dr. R.S. Grewal Vs. Chander Parkash Soni

Judgement Date : april/2019, Citation : 2019 Latest Caselaw 393 SC

Apollo Zipper India Limited Vs. W. Newman and Co. Ltd. [April 20, 2018]

Judgement Date : april/2018, Citation : 2018 Latest Caselaw 309 SC

Suresh Kumar Kohli Vs. Rakesh Jain and Another [APRIL 19, 2018]

Judgement Date : april/2018, Citation : 2018 Latest Caselaw 296 SC

Macquarie Bank Limited Vs. Shilpi Cable Technologies Ltd. [December 15, 2017]

Judgement Date : december/2017, Citation : 2017 Latest Caselaw 916 SC

Public Trust Shri Geeta Satsang Bhawan Vs. Nand Lal & Ors. [July 25, 2017]

Judgement Date : july/2017, Citation : 2017 Latest Caselaw 506 SC

Harkesh Chand Vs. Krishan Gopal Mehta & Ors. [February 13, 2017]

Judgement Date : february/2017, Citation : 2017 Latest Caselaw 127 SC

Shyam Lal Vs. Deepa Dass Chela Ram Chela Garib Dass [JULY 05, 2016]

Judgement Date : july/2016, Citation : 2016 Latest Caselaw 466 SC

Jabal C. Lashkari & Ors. Vs. Official Liquidator & Ors. [MARCH 29, 2016]

Judgement Date : march/2016, Citation : 2016 Latest Caselaw 254 SC

Samar Pal Singh Vs. Chitranjan Singh [September 28, 2015]

Judgement Date : september/2015, Citation : 2015 Latest Caselaw 637 SC

S.M. Asif Vs. Virender Kumar Bajaj [August 12, 2015]

Judgement Date : august/2015, Citation : 2015 Latest Caselaw 522 SC

Shyam Lal Vs. Deepa Dass Chela Ram Chela Garib Dass [February 27, 2015]

Judgement Date : february/2015, Citation : 2015 Latest Caselaw 162 SC

Satendra Singh Vs. Vinod Kumar Bhalotia [December 18, 2014]

Judgement Date : december/2014, Citation : 2014 Latest Caselaw 804 SC

Sushil Chhibber & ANR. Vs. Shashi Kumar Mehta & ANR. [September 19, 2012]

Judgement Date : september/2012, Citation : 2012 Latest Caselaw 516 SC

Arun Lal & Ors. Vs Union of India & Ors. (November 30, 2010)

Judgement Date : november/2010, Citation : 2010 Latest Caselaw 900 SC

Chirra Shivraj Vs State of Andhra Pradesh (November 26, 2010)

Judgement Date : november/2010, Citation : 2010 Latest Caselaw 894 SC

Biswanath Agarwalla Vs. Sabitri Bera & Ors. [2009] INSC 1369 (4 August 2009)

Judgement Date : august/2009, Citation : 2009 Latest Caselaw 615 SC

Shri Mundri Lal Vs. Smt. Sushila Rani & Anr [2007] Insc 954 (18 September 2007)

Judgement Date : september/2007, Citation : 2007 Latest Caselaw 741 SC

Shri Mehboob Ali & Ors Vs. Smt. Habiban [2006] Insc 595 (14 September 2006)

Judgement Date : september/2006, Citation : 2006 Latest Caselaw 595 SC

Jaswant Raj Soni Vs. Prakash Mal [2005] Insc 497 (19 September 2005)

Judgement Date : september/2005, Citation : 2005 Latest Caselaw 496 SC

Samir Mukherjee Vs. Davinder K. Bajaj & Ors [2001] INSC 230 (18 April 2001)

Judgement Date : april/2001, Citation : 2001 Latest Caselaw 230 SC

Samir Mukherjee Vs. Davinder K. Bajaj & Ors [2001] INSC 226 (18 April 2001)

Judgement Date : april/2001, Citation : 2001 Latest Caselaw 226 SC

Dilip Vs. Mohd. Azizul Haq & ANR [2000] INSC 129 (14 March 2000)

Judgement Date : march/2000, Citation : 2000 Latest Caselaw 128 SC

Ram Kumar Agarwal & ANR Vs. Thawar Das [1999] INSC 289 (20 August 1999)

Judgement Date : august/1999, Citation : 1999 Latest Caselaw 289 SC

Betibai & Ors Vs. Nathooram & Ors [1999] INSC 63 (11 March 1999)

Judgement Date : march/1999, Citation : 1999 Latest Caselaw 63 SC

Chandrabhagabai & Ors Vs. Ramakrishna & Ors [1998] INSC 366 (29 July 1998)

Judgement Date : july/1998, Citation : 1998 Latest Caselaw 366 SC

Shri Kishan & Krishan Kumar Vs. Manoj Kumar [1998] INSC 92 (12 February 1998)

Judgement Date : february/1998, Citation : 1998 Latest Caselaw 92 SC

Bhola Nath Varshney Vs. Mulk Raj Madan [1994] INSC 58 (25 January 1994)

Judgement Date : january/1994, Citation : 1994 Latest Caselaw 57 SC

Vindhyachal Prasad Jaiswal Vs. Viith Addl. Distt. Judge [1993] INSC 246 (29 April 1993)

Judgement Date : april/1993, Citation : 1993 Latest Caselaw 242 SC

Headnote :

Leave of absence approved.

State of West Bengal Vs. Singell Tea And Agricultural Industries Limited & Ors [1993] INSC 175 (31 March 1993)

Judgement Date : march/1993, Citation : 1993 Latest Caselaw 172 SC

Headnote :

The appellant-State issued a notification under Section 4 of the West Bengal Estates Acquisition Act, 1953, which included the land of the respondent-company\'s tea garden.The Revenue Officer sent notices to the respondent-company to begin proceedings for rent assessment. The Company objected, argui...

Narpatchand A. Bhandari Vs. Shantilal Moolshankar Jani & ANR [1993] INSC 140 (18 March 1993)

Judgement Date : march/1993, Citation : 1993 Latest Caselaw 138 SC

Headnote :

The appellant-defendant was a tenant occupying a flat in a multi-storey building that housed numerous other tenants. When the building\'s owner mortgaged it with possession to the respondents-plaintiffs, the appellant and the other tenants became tenants of the respondents-plaintiffs (who were usufr...

Bhoja @ Bhoja Ram Gupta Vs. Rameshwar Agarwala & Ors [1993] INSC 128 (16 March 1993)

Judgement Date : march/1993, Citation : 1993 Latest Caselaw 126 SC

Headnote :

The defendant-appellant was a tenant of the plaintiff-landlord, paying a monthly rent of Rs. 70. The appellant failed to pay rent for the residential-cum-shop premises from October 1975 to June 1976.After the appellant did not vacate the premises despite receiving a notice under Section 106 of the T...

Laxman Marotrao Navakhare Vs. Keshavrao S/O Eknathsa Tapar [1993] INSC 109 (2 March 1993)

Judgement Date : march/1993, Citation : 1993 Latest Caselaw 107 SC

Headnote :

The appellant was renting the suit plot as a monthly tenant for an automobile garage. On July 10, 1975, the respondent-plaintiff issued a notice terminating the lease in favor of the appellant, effective July 31, 1975, and subsequently filed for eviction.The trial court dismissed the eviction suit,...

Ramesh Chandra Vs. Iiird Additional District Judge & Ors [1992] INSC 21 (22 January 1992)

Judgement Date : january/1992, Citation : 1992 Latest Caselaw 21 SC

Headnote :

The appellant-landlord filed a lawsuit in 1977 seeking to evict the respondent-tenant from the premises in question, following a notice under Section 106 of the Transfer of Property Act, 1882 that terminated the tenancy.The landlord argued that since the house was built in 1968, the U.P. Urban Build...

Kulkarni Patterns Pvt. Ltd. & Ors Vs. Vasant Baburao Ashterkar & Ors [1992] INSC 13 (17 January 1992)

Judgement Date : january/1992, Citation : 1992 Latest Caselaw 13 SC

Headnote :

The landlords, who are the respondents, initiated a lawsuit for possession of the premises against the appellants, citing default in rent payment among other reasons. The 7th Additional Small Causes Judge dismissed the case, stating that the notice dated August 7, 1980, which was meant to terminate...

Raju Kakara Shetty Vs. Ramesh Prataprao Shirole & ANR [1991] INSC 7 (15 January 1991)

Judgement Date : january/1991, Citation : 1991 Latest Caselaw 7 SC

Headnote :

The appellant-tenant entered into a lease agreement for the rented premises at a standard monthly rent of Rs. 900.Additionally, the tenant agreed to pay a monthly lump sum of Rs. 120 as education cess and other taxes related to the premises.The first respondent initiated eviction proceedings against...

Ashoka Marketing Ltd. & ANR Vs. Punjab National Bank & Ors [1990] INSC 225 (7 August 1990)

Judgement Date : august/1990, Citation : 1990 Latest Caselaw 225 SC

Headnote :

The appellants/petitioners were tenants in properties owned by the respondent Banks/Life Insurance Corporation of India. Their tenancy had either expired or been terminated by the respondents, leading to eviction proceedings initiated against them under the Public Premises (Eviction of Unauthorised...

Tara Chand & ANR Vs. Ram Prasad [1990] INSC 183 (3 May 1990)

Judgement Date : may/1990, Citation : 1990 Latest Caselaw 183 SC

Headnote :

Smt. Anandi Bai, the wife of Appellant No. 1 and mother of Appellant No. 2, held a lease for a shop in Jaipur for 11 months starting from May 1, 1964, where she operated a small kirana business. The Respondent-landlord terminated the lease through a notice under section 106 of the Transfer of Proper...

F.S. Gandhi Vs. Commissioner of Wealth Tax, Allahabad [1990] INSC 174 (2 May 1990)

Judgement Date : may/1990, Citation : 1990 Latest Caselaw 174 SC

Headnote :

The appellant-assessee held certain properties situated on leasehold lands. The leases for these lands expired in 1958 and 1963, prompting the lessor, the State Government, to issue notices to the assessee to vacate the leasehold lands. The properties were rented out to tenants, and the assessee was...

Sushil Kumar Metha Vs. Gobind Ram Bohra [1989] INSC 340 (10 November 1989)

Judgement Date : november/1989, Citation : 1989 Latest Caselaw 340 SC

Headnote :

The respondent initiated a lawsuit against the appellant before the Senior Sub Judge, seeking eviction and recovery of unpaid rent and damages for the use of the shop that had been rented to him. The court issued an ex parte decree on October 20, 1977. An application to set aside this ex parte decre...

H.C. Pandey Vs. G.C. Paul [1989] INSC 152 (28 April 1989)

Judgement Date : april/1989, Citation : 1989 Latest Caselaw 152 SC

Headnote :

The respondent, along with his mother, brothers, and sisters, inherited the tenancy of the leased premises from their father. A notice was issued to him under section 106 of the Transfer of Property Act, terminating the tenancy, which was subsequently followed by a lawsuit for eviction against him.T...

Modula India Vs. Kamakshya Singh Deo [1988] INSC 303 (27 September 1988)

Judgement Date : september/1988, Citation : 1988 Latest Caselaw 299 SC

Headnote :

The respondent filed a lawsuit in the High Court seeking a decree that would require the defendant (appellant) to vacate certain premises. The appellant, who is the tenant, submitted a written statement. While the lawsuit was ongoing, the court issued orders requiring the tenant to deposit specific...

Abhay Singh Surana Vs. Indian Rayon & Industries Ltd. [1988] INSC202 (3 August 1988)

Judgement Date : august/1988, Citation : 1988 Latest Caselaw 201 SC

Headnote :

The appellant rented out his godown to a textile company, which later merged with the respondent company under a merger scheme sanctioned by the High Court.On August 29, 1985, the appellant issued a notice to the former company under Section 106 of the Transfer of Property Act in conjunction with Se...

Burmah Shell Oil Distributing Now Known As Bharat Petroleum Vs. Khaja Midhat Noor & Ors [1988] INSC 132 (3 May 1988)

Judgement Date : may/1988, Citation : 1988 Latest Caselaw 132 SC

Headnote :

On January 16, 1958, a lease agreement was signed between the lessee and the lessor-respondent for a duration of ten years, with an option to renew for an additional five years and the right to sub-lease the property. The lessee subsequently sub-leased the premises to the petitioner for operating a...

Mohan Laxman Hede Vs. Noormohamed Adam Shaikh [1988] INSC 94 (7 April 1988)

Judgement Date : april/1988, Citation : 1988 Latest Caselaw 94 SC

Headnote :

The appellant entered into a tenancy agreement for the premises in question, agreeing to a monthly rent of Rs. 22 plus Rs. 2.20 for Education Cess. The respondent acquired the property on December 3, 1976. The appellant had outstanding rent from June 1, 1976, to November 30, 1976. In response to a n...

Rakesh Kumar & Shri Shakti Kumar Vs. Hindustan Everest Tool Ltd. [1988] INSC 65 (7 March 1988)

Judgement Date : march/1988, Citation : 1988 Latest Caselaw 65 SC

Headnote :

Section 14(1)(a) of the Delhi Rent Control Act, 1958 allows for the recovery of possession of rented premises if the tenant has not paid the overdue rent within two months of receiving a demand notice, as specified in section 106 of the Transfer of Property Act, 1882.According to the lease agreement...

Smt. Jahejo Devi & Ors A Vs. Moharam Ali [1987] INSC 367 (9 December 1987)

Judgement Date : december/1987, Citation : 1987 Latest Caselaw 366 SC

Headnote :

The appellants-landlords, residents of the State of Bihar, carrying on business in Meghalaya, sought eviction of the tenant from their suit shop in Arrah, Bihar on the ground of default in payment of rent as well as on the ground of bona fide need, and for arrears of rent under s.12(1) of the Bihar...

State of U.P.& ANR Vs. Malik Zarid Khalid [1987] INSC 328 (11 November 1987)

Judgement Date : november/1987, Citation : 1987 Latest Caselaw 327 SC

Headnote :

The appellant, the State of Uttar Pradesh, leased premises from the respondent for the purpose of operating a Training Centre. The respondent, as the landlord, issued a notice to terminate the tenancy under Section 106 of the Transfer of Property Act and subsequently filed a lawsuit to recover posse...

Smt. Kamlabai & Ors A Vs. V. Mangilal Dulichand Mantri [1987] INSC 284 (14 October 1987)

Judgement Date : october/1987, Citation : 1987 Latest Caselaw 283 SC

Headnote :

On February 24, 1970, the appellants submitted an application under clause 13(3) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, seeking permission to issue a notice to terminate the respondent\'s lease of the disputed premises based on bona fide need, subletting, and other gro...

Smt. Nandita Bose Vs. Ratanlal Nahata [1987] INSC 198 (4 August 1987)

Judgement Date : august/1987, Citation : 1987 Latest Caselaw 197 SC

Headnote :

After the respondent-tenant defaulted on rent payments starting in June 1984, the appellant landlady issued a notice terminating the tenancy effective January 31, 1985, and requested the tenant to vacate the premises. Subsequently, she filed a lawsuit in the High Court seeking possession of the prop...

Ganpat Ram Sharma & Ors Vs. Smt. Gayatri Devi [1987] INSC 175 (17 July 1987)

Judgement Date : july/1987, Citation : 1987 Latest Caselaw 174 SC

Headnote :

The respondent acquired the suit property in April 1973 and subsequently, in September 1973, sought permission from the Competent Authority under the Slum Area (Improvement and Clearance) Act, 1956 to evict the appellants, who had been placed in the premises by the previous landlord. This permission...

Bal Niketan Nursery School Vs. Kesari Prasad [1987] INSC 169 (15 July 1987)

Judgement Date : july/1987, Citation : 1987 Latest Caselaw 168 SC

Headnote :

Section 2(1)(b) of the U.P. Urban Building Regulation of Letting, Rent and Eviction Act, 1972 states that \"this Act does not apply to any building owned by or vested in a recognized institution, provided that all income generated is used for the institution\'s purposes.\" The manager of the appella...

Smt. Shakuntala S. Tiwari Vs. Hem Chand M. Singhania [1987] INSC 153 (6 May 1987)

Judgement Date : may/1987, Citation : 1987 Latest Caselaw 152 SC

Headnote :

The appellant in this case was a tenant of the leased premises, having been established as a monthly tenant to operate the ice-cream business run by her husband. The lease agreement, dated December 29, 1975, was initiated by the landlord and was set to take effect from January 1, 1976.The landlord c...

Dipak Kumar Ghosh VS. Mira Sen [1987] INSC 22 (22 January 1987)

Judgement Date : january/1987, Citation : 1987 Latest Caselaw 22 SC

Headnote :

Clause (.i) of section 13(1) of the West Bengal Premises Tenancy Act, 1956 grants the court the authority to order the recovery of possession of any premises in favor of the landlord if the tenant has issued a notice to quit but has not vacated the premises as required by that notice.The appellant-t...

Raghunandan Saran Ashok Saran & Irs, Vs. Pearey Lal Workshop (P) Ltd. [1986] INSC 76 (15 April 1986)

Judgement Date : april/1986, Citation : 1986 Latest Caselaw 76 SC

Headnote :

The landlords, who are the appellants, filed three eviction petitions against the three tenant respondents concerning different sections of a building in New Delhi, citing non-payment of rent under Section 1 of the Delhi and Ajmer Rent Control Act of 1952. While the proceedings were ongoing, the Del...

Maiku Vs. Vilayat Hussain [1986] INSC 69 (10 April 1986)

Judgement Date : april/1986, Citation : 1986 Latest Caselaw 69 SC

Headnote :

The appellant-tenant failed to pay the overdue rent despite receiving a verbal demand, a notice of demand, and a notice under Section 106 of the Transfer of Property Act, and did not vacate the premises. Consequently, the landlord initiated a lawsuit seeking recovery of the rent arrears and damages...

Motiram Ghelabhai Vs. Jagan Nagar & Ors [1985] INSC 41 (28 February 1985)

Judgement Date : february/1985, Citation : 1985 Latest Caselaw 41 SC

Headnote :

The plaintiffs, who are the respondents, leased an open plot to the defendant-appellant for a duration of 10 years to operate a flour mill, with the condition that necessary constructions would be made on the site at an annual rent. The lease agreement included a renewal clause, stipulating that if...

Jagan Nath Vs. Ram Kishan Dass & ANR [1984] INSC 236 (12 December 1984)

Judgement Date : december/1984, Citation : 1984 Latest Caselaw 236 SC

Headnote :

HEADNOTE:The respondents, who are the Landlords, filed three applications for ejectment on March 9, 1967, May 13, 1968, and March 9, 1971, against the appellants, who are tenants seeking possession of a room located in Kamla Nagar, New Delhi.The first application was based on the grounds of non-paym...

S. M. Mahendru and Company Vs. State of Tamil Nadu & ANR [1984] INSC 234 (12 December 1984)

Judgement Date : december/1984, Citation : 1984 Latest Caselaw 234 SC

Headnote :

Exercising the authority granted by section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Tamil Nadu Act 18 of 1960), the Government of Tamil Nadu issued Notification No. II (2) H. O. 6060/76 on November 21, 1976, which exempted buildings owned by various co-operative societies...

Chimanlal Vs. Mishrilal [1984] INSC 210 (12 November 1984)

Judgement Date : november/1984, Citation : 1984 Latest Caselaw 210 SC

Headnote :

The landlord, who is the respondent, issued a notice on October 21, 1969, to the appellant, demanding overdue rent for what the landlord claimed was a portion of a shop and a verandah, and subsequently terminated the tenancy. The landlord then filed a lawsuit for eviction under section 12(1)(a) of t...

Smt. Anand Kaur Vs. Pritam Lal [1982] INSC 4 (14 January 1982)

Judgement Date : january/1982, Citation : 1982 Latest Caselaw 4 SC

Headnote :

successive months.On December 14, 1973, the landlady-appellant issued a notice to the tenant indicating that he had not paid the damages since May 1973 and requested that he settle the arrears within two months from the date of the notice. The tenant sent the rent to the landlady via money order tow...

Idandas Vs. Anant Ramchandra Phadke [1981] INSC 193 (20 November 1981)

Judgement Date : november/1981, Citation : 1981 Latest Caselaw 193 SC

Headnote :

A parcel of land owned by the plaintiff (respondent) was leased to the defendant (appellant), who set up a flour mill on the property. The defendant exclusively used the land for operating the flour mill.In his eviction lawsuit against the tenant, the plaintiff asserted that the tenancy was month-to...

Harcharan Singh Vs. Shiv Rani & Ors [1981] INSC 44 (20 February 1981)

Judgement Date : february/1981, Citation : 1981 Latest Caselaw 44 SC

Headnote :

The appellant was established as a tenant of the premises in 1964, with an annual rent due by December 31 each year. However, the appellant failed to pay rent for 1965 and 1966, prompting the respondents to send a combined notice on November 9, 1966, via registered post, demanding payment of the ove...

Jain Ink Manufacturing Company Vs. Life Insurance Corporation of India & ANR [1980] INSC 159 (22 August 1980)

Judgement Date : august/1980, Citation : 1980 Latest Caselaw 159 SC

Headnote :

The L.I.C. (respondent No. 1) acquired a building through a court auction. The appellant had been established as a tenant by the previous owner of the property. The L.I.C. issued a notice under section 106 of the Transfer of Property Act, instructing the appellant to vacate the premises. When the ap...

K K. Krishnan Vs. M.K. Vijaya Raghavan [1980] INSC 139 (30 July 1980)

Judgement Date : july/1980, Citation : 1980 Latest Caselaw 139 SC

Headnote :

The landlord sought to evict the tenant from the premises, claiming that the tenant had sublet the property without his permission, in accordance with section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The Rent Controller granted the eviction order, which was subsequently u...

Pradesh Kumar Bajpai Vs. Binod Behari Sarkar [1980] INSC 50 (21 March 1980)

Judgement Date : march/1980, Citation : 1980 Latest Caselaw 50 SC

Headnote :

The appellant plaintiff initiated a lawsuit seeking the eviction of the respondent tenant, along with claims for unpaid rent and mesne profits. Although the pleadings did not specifically include a request for relief against forfeiture due to non-payment of rent under section 114 of the Transfer of...

Vinod Kumar Chowdhry Vs. Narain Devi Taneja [1980] INSC 1 (11 January 1980)

Judgement Date : january/1980, Citation : 1980 Latest Caselaw 1 SC

Headnote :

Clause (e) of the proviso to section 14(1) of the Delhi Rent Control Act states that a landlord may evict a tenant from residential premises if the landlord genuinely needs the property for personal use and has no other suitable residential accommodation available. An appeal against the Controller\'...

P. C. Cheriyan Vs. Barfi Devi [1979] INSC 209 (16 October 1979)

Judgement Date : october/1979, Citation : 1979 Latest Caselaw 209 SC

Headnote :

The plaintiff (respondent) rented out the disputed accommodation to the defendant (appellant) for an annual rent of Rs. 850/-, where the defendant operated a tyre retreading business. The defendant failed to pay the rent, prompting the plaintiff to issue a one-month notice to terminate the tenancy....

K. Balakrishna Rao & Ors Vs. Hazi Abdulla Sait & Ors [1979] INSC 201 (10 October 1979)

Judgement Date : october/1979, Citation : 1979 Latest Caselaw 201 SC

Headnote :

In July 1940, the plaintiffs\' father leased his building to the defendant for a monthly rent of Rs. 950 to operate a restaurant. After the lease expired in July 1943, the defendant remained in possession of the building. Under the Madras Non-residential Buildings Rent Control Order of 1946, the def...

Biswabani (P.) Ltd. Vs. Santosh Kumar Dutta & Ors [1979] INSC 181 (14 September 1979)

Judgement Date : september/1979, Citation : 1979 Latest Caselaw 181 SC

Headnote :

The third respondent leased the demised premises from respondents 1 and 2 through a registered lease deed dated September 11, 1948. This lease was for a duration of five years at a monthly rent of Rs. 2000, with an option for renewal that had to be exercised via notice two months prior to the lease\...

V. Dhanapal Chettiar Vs. Yesodai Ammal [1979] INSC 155 (23 August 1979)

Judgement Date : august/1979, Citation : 1979 Latest Caselaw 155 SC

Headnote :

A lease agreement between a lessor and a lessee is established through a contract when both parties agree on the rent, duration of the tenancy, and other pertinent terms. Section 111 of the Transfer of Property Act outlines various ways in which a lease of immovable property can be terminated. Accor...

Ramesh Bejoy Sharma & Ors Vs. Pashupati Rai & Ors [1979] INSC 120 (17 July 1979)

Judgement Date : july/1979, Citation : 1979 Latest Caselaw 120 SC

Headnote :

In a lawsuit initiated against the defendants for the recovery of possession of certain lands, the plaintiffs claimed that these lands were privately owned by the proprietor and that they had been in actual cultivating possession of the lands for an extended period. The trial court dismissed the cas...

Firm Sardarilal Vlshwanath & Ors Vs. Pritam Singh [1978] INSC 131 (14 August 1978)

Judgement Date : august/1978, Citation : 1978 Latest Caselaw 131 SC

Headnote :

The appellant company leased the premises for 11 months, and after the lease expired, it remained in possession and became a statutory tenant. The landlord, the respondent, initiated an eviction action against the appellant under section 13 of the East Punjab Rent Restriction Act, 1949, without prov...

Shukla Manseta Industries Pvt. Ltd. Vs. The Workmen Employed Under It [1977] INSC 157 (2 August 1977)

Judgement Date : august/1977, Citation : 1977 Latest Caselaw 157 SC

Headnote :

Section 19(2) of the Industrial Disputes Act, 1947 states that a settlement shall remain binding on the parties for the duration they agree upon, and it will continue to be binding even after that period until two months have passed from the date one party gives written notice to the other party or...

Mistry Premjibhai Vithaldas Vs. Ganeshbhai Keshavji [1977] INSC 119 (14 April 1977)

Judgement Date : april/1977, Citation : 1977 Latest Caselaw 119 SC

Headnote :

According to section 12(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, a tenant can seek protection from eviction as long as they are prepared to pay the standard rent, as defined in section 5(10), along with any permitted increases, and comply with other conditions of the...

Bhagabandas Agarwalla Vs. Bhagwandas Kanu & Ors [1977] INSC 68 (25 February 1977)

Judgement Date : february/1977, Citation : 1977 Latest Caselaw 68 SC

Headnote :

The appellant initiated legal proceedings to evict his tenant, Bhagwandas Kanu, after serving them with a notice to vacate.The Trial Court rejected the suit; however, upon appeal, the First Appellate Court issued a decree for eviction against the respondents. In a subsequent appeal to the High Court...

Sunder Dass Vs. Ram Prakash [1977] INSC 66 (24 February 1977)

Judgement Date : february/1977, Citation : 1977 Latest Caselaw 66 SC

Headnote :

The appellant purchased in a public auction a building which was evacuee property. Before the sale certificate was made out in favour of the appellant, the-possession of the building was handed over to him. He in turn let out a shop in the said building to the respondent. The appellant filed a suit...

Radha Kishan Sao. Vs. Gopal Modi & Ors [1977] INSC 52 (14 February 1977)

Judgement Date : february/1977, Citation : 1977 Latest Caselaw 52 SC

Headnote :

Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 states that a tenant cannot be evicted except through a court decree based on specific grounds outlined in the Act. According to Section 11A, if a tenant contests a suit for possession of a building, the court may order t...

Harbanslal Jagmohandas & ANR Vs. Prabhudas Shivlal [1976] INSC 54 (12 March 1976)

Judgement Date : march/1976, Citation : 1976 Latest Caselaw 54 SC

Headnote :

Both appeals present a shared issue regarding whether a tenant must contest the standard rent within one month of receiving a notice from the landlord terminating the tenancy due to rent arrears, as stipulated in section 12(3)(a) of the Bombay Rent Act 1947, or if the tenant can raise this dispute i...

Puwada Venkateswara Rao Vs. Chidamana Venkata Ramana [1976] INSC 41 (8 March 1976)

Judgement Date : march/1976, Citation : 1976 Latest Caselaw 41 SC

Headnote :

The respondent-landlord filed a petition under s. 10 of the Andhra Pradesh Building (Lease, Rent and Eviction) Control Act, 1960, for the eviction of the appellant-tenant. There was a compromise. Since the tenant defaulted in payment of the rent thereafter, a registered notice terminating the ten...

Rattan Lal Vs. Vardesh Chander & Ors [1975] INSC 308 (9 December 1975)

Judgement Date : december/1975, Citation : 1975 Latest Caselaw 306 SC

Headnote :

The landlord, who is the respondent, rented out the property in question to the tenant, who is the appellant, in 1954, prior to the Transfer of Property Act being applicable in Delhi, where the property is located. The Act was applied to Delhi in 1962. In 1967, the landlord initiated eviction procee...

Dattonpant Gopalvarao Devakate Vs. Vithabrao Maruthirao Janagavai, [1975] INSC 88 (3 April 1975)

Judgement Date : april/1975, Citation : 1975 Latest Caselaw 88 SC

Headnote :

The appellant had been a tenant under the respondent\'s predecessor for one year, starting from April 9, 1945. The respondent acquired the property in August 1968, at which point the appellant became his tenant. On November 19, 1968, the respondent issued a notice to the appellant, terminating the t...

Maneksha Ardeshir Irani & ANR Vs. Manekji Edulji Mistry & Ors [1974] INSC 197 (4 October 1974)

Judgement Date : october/1974, Citation : 1974 Latest Caselaw 195 SC

Headnote :

(1) According to section 4B of the Bombay Tenancy and Agricultural Lands Act, 1948, a tenancy cannot be terminated solely because the agreed or customary duration has expired.The appellant became a tenant of the respondent for a period of 5 years, which ended on February 28, 1948.Under section 23(1)...

Management Committee T. K. Ghosh's Academy Vs. T. C. Palit & Ors [1974] INSC 86 (9 April 1974)

Judgement Date : april/1974, Citation : 1974 Latest Caselaw 86 SC

Headnote :

The plaintiff-respondents initiated a lawsuit seeking to evict the defendant-appellant from the disputed property and to recover a specified sum for unpaid rent.Conversely, the defendant-appellant argued that, according to the deed of trust, they had the right to occupy the premises without paying r...

Nagindas Ramdas Vs. Dalpatram Ichharam @ Brijram & Ors [1973] INSC 227 (30 November 1973)

Judgement Date : november/1973, Citation : 1973 Latest Caselaw 227 SC

Headnote :

The landlord, who is the respondent, filed a lawsuit under the Bombay Rent Act seeking possession from the tenant, the appellant, based on two reasons: non-payment of rent and a genuine need for the premises for personal use. A compromise decree was issued. When the appellant sought to execute this...

Qudrat Ullah Vs. Municipal Board, Barelly [1973] INSC 225 (29 November 1973)

Judgement Date : november/1973, Citation : 1973 Latest Caselaw 225 SC

Headnote :

The appellant\'s father had been collecting \"tahbazari\" dues under a contract with the Municipal Board. According to the contract, the contractor had the right to use sheds and shops as the Municipal Board, as the owner, would, and was authorized to rent them out to sub-tenants. Additionally, the...

State of U.P. Vs. Zahoor Ahmad & ANR [1973] INSC 133 (8 August 1973)

Judgement Date : august/1973, Citation : 1973 Latest Caselaw 133 SC

Headnote :

The appellant State owned a reserved forest.The respondent leased a plot of land from the appellant for industrial use within that forest area. According to the High Court\'s findings, the lease was initially granted for one year in 1947 at an annual rent of Rs. 100. It was renewed for one year in b...

K. K. Chari Vs. R. M. Seshadri [1973] INSC 52 (16 March 1973)

Judgement Date : march/1973, Citation : 1973 Latest Caselaw 52 SC

Headnote :

The appellant purchased the property in question and initiated legal action against the respondent, who was a tenant in that property, seeking eviction based on the appellant\'s genuine needs as per section 10(3) of the Madras Rent Control Act. The tenant contested the landlord\'s assertion, claimin...

Allenburry Engineers Private Ltd. Vs. Ramakrishna Dalmia & Ors [1972] INSC 221 (15 September 1972)

Judgement Date : september/1972, Citation : 1972 Latest Caselaw 221 SC

Headnote :

In 1953, Bharat Insurance Co. Ltd. acquired an open plot of land in Bombay that belonged to Sir Sapurji Bhairucha Mills Co. Ltd. This land had been leased to Allenberry & Co. in 1947 for a monthly rent of Rs. 1800. In 1950, the appellant Company was established specifically to take over the business...

Bhawanji Lakhamhi & Ors Vs. Himatlal Jamnadas Dani & Ors [1971] INSC 345 (14 December 1971)

Judgement Date : december/1971, Citation : 1971 Latest Caselaw 345 SC

Headnote :

The appellants were tenants of a parcel of land in Bombay.The lease was established in 1948 and expired on September 30, 1958, due to the passage of time. Nevertheless, the appellants continued to occupy the land and pay rent to the landlords.On August 7, 1959, the landlords issued a notice intendin...

Chiranji Lal Khaitan & Ors Vs. Moti Lal Saraogi [1971] INSC 176 (4 August 1971)

Judgement Date : august/1971, Citation : 1971 Latest Caselaw 176 SC

Headnote :

The plaintiff, who is the predecessor-in-interest of the appellants, entered into an oral lease in 1943 for a plot of land located in Bihar State with the defendant. In 1947, without the plaintiff\'s consent, the defendant constructed certain structures on the land. The plaintiff requested the remov...

Tayabali Jaferbhai Tankiwala Vs. M/S. Asha & Co. & ANR [1969] INSC 257 (24 September 1969)

Judgement Date : september/1969, Citation : 1969 Latest Caselaw 257 SC

Headnote :

A landlord issued a notice to his tenant under section 12 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, demanding overdue rent and terminating the tenancy on the grounds of the tenant\'s habitual default. The overdue rent mentioned in the notice was paid after the one-month p...

M.M. Chawla Vs. J.S. Sethi [1969] INSC 243 (15 September 1969)

Judgement Date : september/1969, Citation : 1969 Latest Caselaw 243 SC

Headnote :

The appellant had been a tenant of certain premises in Delhi owned by the respondent since before 1958. The respondent initiated proceedings to evict the appellant under section 14(1) of the Delhi Rent Control Act, 1958, citing non-payment of rent for seven months. Following the Rent Controller\'s d...

Bhagwan Das Vs. Paras Nath [1968] INSC 232 (27 September 1968)

Judgement Date : september/1968, Citation : 1968 Latest Caselaw 232 SC

Headnote :

The appellant was a tenant of the respondent for a shop located in Agra, Uttar Pradesh. The respondent sought permission from the District Magistrate under section 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 to file a lawsuit against the appellant for eviction from the shop....

Shah Dhansukhlal Chhaganlal Vs. Dalichand Virchand Shroff & Ors [1968] INSC 52 (1 March 1968)

Judgement Date : march/1968, Citation : 1968 Latest Caselaw 52 SC

Headnote :

The appellant was a tenant of the respondent. Having fallen into arrears of rent he was given a notice (a) demanding arrears of rent and permitted increases under the Bombay Rents. Hotel and Lodging House Rat-as Control Act, 1947, and (b) terminating his tenancy in terms of s. 106 of the Transfer of...

Delhi Motor Company & Ors Vs. U.A. Basrurkar & Ors [1968] INSC 1 (8 January 1968)

Judgement Date : january/1968, Citation : 1968 Latest Caselaw 1 SC

Headnote :

Documents were executed between the appellant firm and the respondent company regarding premises where the latter was a tenant. The appellant claimed these documents were meant to establish a sublease for three sections of the premises, although they seemingly aimed to create a partnership to circum...

The Calcutta Credit Corporation Ltd. & ANR Vs. Happy Homes (P) Ltd. [1967] INSC 240 (23 October 1967)

Judgement Date : october/1967, Citation : 1967 Latest Caselaw 240 SC

Headnote :

A lease for a building in Calcutta began on January 1, 1939, lasting for 12 years, during which AB was prohibited from subletting or transferring possession without the landlord\'s prior consent. After the lease expired, AB remained in possession and on August 12, 1953, notified the landlord in writ...

Gopi Kanta Sen Vs. Abdul Gaffur & Ors [1967] INSC 171 (11 August 1967)

Judgement Date : august/1967, Citation : 1967 Latest Caselaw 171 SC

Headnote :

In June 1948, the appellant filed a lawsuit against the first respondent and others seeking their eviction from the disputed property. On February 28, 1949, the Calcutta Thika Tenancy Act was enacted.The first respondent did not qualify as a thika tenant under the definition provided by the Act. The...

Manujendra Dutt Vs. Purendu Prosad Roy Chowdhury & Ors [1966] INSC 177 (22 September 1966)

Judgement Date : september/1966, Citation : 1966 Latest Caselaw 177 SC

Headnote :

The appellant was a tenant of the respondents on a parcel of land. The lease agreement stipulated a duration of ten years, with the lessee having the right to renew the lease under specific conditions after that period.Additionally, the lease agreement stated that if the lessor wished for the lessee...

Lala Ram Swarup & Ors Vs. Shikar Chand & ANR [1965] INSC 244 (10 November 1965)

Judgement Date : november/1965, Citation : 1965 Latest Caselaw 244 SC

Headnote :

The appellants initiated a lawsuit against the respondents, their tenants, seeking eviction from their shop. They had sought permission from the District Magistrate to file the suit as required by section 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act. After their request was denied,...

Vasumatiben Gaurishankar Bhatt Vs. Navairam Manchharam Vora & Ors [1964] INSC 175 (14 August 1964)

Judgement Date : august/1964, Citation : 1964 Latest Caselaw 175 SC

Headnote :

The appellant was a tenant in a room of a building owned by the respondents and was behind on her rent payments. The respondents issued a notice to her seeking to recover rent arrears for a duration of two years and two months. Shortly after this notice was served, the Bombay Rents, Hotel and Lodgin...

Mangilal Vs. Suganchand Rathi [1963] INSC 213 (24 October 1963)

Judgement Date : october/1963, Citation : 1963 Latest Caselaw 241 SC

Headnote :

The defendant was a tenant of the plaintiffs and had fallen behind on rent payments for a year, totaling Rs. 1,020. On April 11, 1959, the plaintiffs issued a notice to the defendant demanding payment of Rs. 1,020 within one month, warning that failure to do so would result in an eviction lawsuit. T...

Vora Abbasbhai Alimahomed Vs. Haji Gulamnabi Haji Safibhai [1963] INSC 210 (22 October 1963)

Judgement Date : october/1963, Citation : 1963 Latest Caselaw 238 SC

Headnote :

The Appellant was a tenant of the respondent, renting the premises for a monthly fee of Rs. 70. The appellant sought the Civil Judge\'s assistance to establish a standard rent under section 11(1) and to determine interim rent under section 11(3) of the Bombay Rents, Hotel and Lodging House Rates Con...

Dr. A. Lakshmanaswami Mudaliar& Ors Vs. Life Insurance Corporation [1962]360 (11 December 1962)

Judgement Date : december/1962, Citation : 1962 Latest Caselaw 360 SC

Headnote :

On July 15, 1955, during an Extraordinary General Meeting of the shareholders of the United India Life Assurance Company Ltd., a resolution was passed, among other matters, approving a donation of Rs. 2 lakhs from the Shareholders\' Dividend Account to a proposed Trust aimed at promoting technical a...

Shah Bhojraj Kuverji Oil Mills and Ginning Factory Vs. Subbash Chandra Yograj Sinha [1961] INSC 173 (21 April 1961)

Judgement Date : april/1961, Citation : 1961 Latest Caselaw 173 SC

Headnote :

Upon the expiration of the appellant\'s tenancy for the disputed premises, the respondent, who was the landlord, initiated a lawsuit for possession of the property.In the meantime, a notification was issued under section 6 of the Bombay Rents, Hotel and Lodging House Rates Control Act of 1947, apply...

Ganga Dutt Murarka Vs. Kartik Chandra Das & Ors [1961] INSC 46 (10 February 1961)

Judgement Date : february/1961, Citation : 1961 Latest Caselaw 46 SC

Headnote :

The appellant was a contractual tenant of certain premises in Calcutta, owned by the respondents. The respondents requested the appellant to vacate the premises upon the expiration of the tenancy period, but the appellant did not vacate, and the respondents could not regain possession due to tenant...

Namdeo Lokman Lodhi Vs. Narmadabai & Ors [1953] INSC 15 (27 February 1953)

Judgement Date : february/1953, Citation : 1953 Latest Caselaw 15 SC

Headnote :

The respondent, who had been convicted and sentenced to seven years of rigorous imprisonment, was elected as a member of the Madras Legislative Assembly. At the request of the Assembly\'s Speaker, the Governor of Madras referred the matter of the respondent’s disqualification to the Election Commi...

Ram Kumar Das Vs. Jagadish Chandra Deb Dhabal Deb & ANR [1951] INSC 53 (26 November 1951)

Judgement Date : november/1951, Citation : 1951 Latest Caselaw 53 SC

Headnote :

The rule of construction outlined in Section 106 of the Transfer of Property Act applies not only to express leases with an uncertain duration but also to leases that may be implied by law, inferred from possession, acceptance of rent, and other circumstances.The contract mentioned in this section d...

Karnani Industrial Bank, Limited Vs. The Province of Bengal & Ors [1951] INSC 34 (14 May 1951)

Judgement Date : may/1951, Citation : 1951 Latest Caselaw 34 SC

Headnote :

The provision for the acceptance of rent under section 116 of the Transfer of Property Act indicates that the payment of rent must occur in such a manner and at such a time that it reflects the landlord\'s consent to the lessee continuing in possession. If the rent is paid at a time when there is no...

Chandrasingh Manibhai & Ors Vs. Surjit Lal Ladhamal Chhabda & Ors [1951] INSC 12 (23 February 1951)

Judgement Date : february/1951, Citation : 1951 Latest Caselaw 12 SC

Headnote :

The Bombay Rents, Hotel and Lodging House Rates Control Act, LVII of 1947, which came into effect on February 13, 1948, does not apply to appeals that were pending when the Act was enacted. Its retrospective application is limited to the cases specified in Section 50 of the Act, which pertains to su...