The appellant-State issued a notification under section 4 of the West Bengal Estates Acquisition Act, 1953 covering the land comprised in the tea garden of the respondent-company. The Revenue Officer issued notices to the respondent-company initiating proceedings for assessment of rent. The Compa...

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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 in occupation of a flat as its tenant in a storeyed building comprised of a large number of flats occupied by different tenants. When the owner of that building mortgaged with possession the said building in favour of respondents-plaintiffs, the appellant defendant and ot...

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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 under the plaintiff- landlord on a monthly rent of Rs.70. The appellant defaulted In the payment of the rent or the suit-premises- residential-cum-shop premises-with effect from October, 1975 to June, 1976. As the appellant did not vacate the premises even aft...

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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 suit plot was let out to the appellant as a monthly tenant for an automobile garage. The respondent-plaintiff issued a notice on 10th July, 1975 determining the lease in favour of the appellant with effect from 31st July, 1975, and filed a suit for eviction. The trial Court dismissed the said...

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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 instituted a suit in the year 1977 for eviction of the respondent-tenant from the suit premises, after giving a notice under Section 106 of the Transfer of Property Act, 1882, terminating the tenancy. The landlord claimed that since the house in question was constructed in...

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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 Respondents-landlords filed a suit for possession of the suit premises against the appellants on the ground of default in payment of rent, amongst other, The 7th Additional Small Causes Judge, dismissed the suit holding that the service of notice dated 7-8-1980 on the defendants terminating the...

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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 executed a lease agreement of the demised premises on a standard rent of Rs.900 per month. In addition thereto, the tenant also undertook to pay a lump-sum of Rs. 120 per month by way of education cess and other daxes in respect of the premises. The 1st respondent filed a...

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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 the premises belonging to the respondent Banks/Life Insurance Corporation of India. Their tenancy had expired or had been terminated by the respondents and eviction proceedings initiated against them under the provisions of the Public Premises (Eviction of...

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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 wife of Appellant No. 1 and mother of Appellant No. 2 had a lease of suit shop in Jaipur for a period of 11 months beginning May 1, 1964 wherein she was carrying on small kirana business. The Respondent-landlord terminated the lease by a notice issued under section 106 of the Transfe...

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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 owned certain properties on lease-hold lands. The leases in respect of these lands expired in 1958 and 1963 and the lessor--State Government issued notices to the assessee to hand over vacant posses- sion of the leasehold lands. The properties were let out to the tenants and t...

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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 had filed a suit before the Senior Sub Judge, against the appellant for ejectment and recovery of arrears of rent and damages for use and occupation of the shop, let out to him. The suit was decreed ex parte on October 20, 1977. The application under Order 9, Rule 13. C.P.C. to set...

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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 inherited tenancy of the demised premises along with his mother, brothers and sisters from their father. A notice under s. 106 of the Transfer of Property Act terminating the tenancy was served on him. It was followed by a suit for ejectment against him. Upholding the validity of t...

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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 flied a suit in the High Court for a decree directing the defendant (appellant) to deliver possession of certain premises. The appellant-tenant filed its written statement. During the pendency of the suit, orders were passed directing the appellant tenant to deposit certain sums in Co...

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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 let out his godown to a Textile company, which was subsequently amalgamated with the respondent Company, under a scheme of amalgamation approved by the High Court. On August 29, 1985 the appellant issued a notice to the erstwhile company under s. 106 of the Transfer of Property Act...

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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 16th January, 1958 a lease deed was executed between the lessee and the lessor-respondent in respect of the demised land for a period of ten years, with a right of renewal for a further period of five years, and with permission to sub-lease the same. The lessee sub-leased the premises to the peti...

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

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

Headnote :

Appellant took the tenancy of the premises in question on an agreed monthly rent of Rs.22 + Rs.2.20 per month on account of Education Cess. Respondent purchased the house on December 3, 1976. Appellant was in arrears of rent from 1.6.1976 to 30.11.76. In response to the notice issued by the Responde...

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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, ,958 provides for recovery of possession of the demised premises, where the tenant has failed to pay the arrears of rent recoverable from him within two months of the date on which notice of demand had been served on him in the manner provided in s. 10...

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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...

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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-State of Uttar Pradesh, took on lease the premises belonging to the respondent for the purpose of running a Training Centre. The respondent-landlord gave a notice of termination of the tenancy under Section 106 of the Transfer of Property Act and filed a suit for recovery of possession...

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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 24-2-1970 the appellants filed an application under cl. 13(3) of the C.P. and Berar Letting of Houses and Rent Control order, 1949 for permission to issue notice determining the respondent's lease of the premises in question on grounds of bona fide need, subletting, etc. On 28-3-1970 both the...

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

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

Headnote :

Upon the respondent-tenant committing default in payment of rent from June, 1984, the appellant landlady, after serving a notice determining the tenancy with effect from 31st January, 1985 and calling upon him to deliver possession of the premises in question, filed a suit in the High Court for reco...

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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 purchased the suit premises in April, 1973 and in September, 1973 applied to the Competent Authority under the Slum Area (Improvement and Clearance) Act, 1956 for permission to evict the appellants who were inducted into the premises by the erstwhile landlord. The permission was grant...

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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 lays down that "nothing in this Act shall apply to any building belonging to or Vested in a recognised institution, the whole of the income from which is utilised for the purpose of such institution.&q...

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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 the appeals was the tenant of the demised premises who was inducted as a monthly tenant for the purpose of conducting the ice-cream business carried on by her husband. The letting was done on an agreement dated December 29, 1975 by the landlord respondent which was to become effecti...

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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 s.13(1) of the West Bengal Premises Tenancy Act, 1956 empowers the court to order recovery of possession of any premises in favour of the landlord where the tenant has given notice to quit but has failed to deliver possession in accordance with such notice. The appellant-tenant whi...

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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 appellants-landlords flied three eviction petitions against not the three respondents tenants in respect of different portions of a building situated in New Delhi under section (1) of the Delhi and Ajmer Rent Control Act 1952 (Act of 19523 on the ground of non-payment of rent. During the pendenc...

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

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

Headnote :

The appellant-tenant neither paid the arrears of rent in spite of verbal demand, notice of demand, and notice under s.106 of the Transfer of Property Act, nor vacated the premises. The landlord, therefore, filed a suit claiming arrears of rent and damages for the period of default as also pendente l...

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

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

Headnote :

The respondents-plaintiffs gave a lease of an open plot lo the appellant-defendant for a period of 10 years for the purpose of running a flour mill after making necessary construction thereon at a yearly rent. In the lease-deed there was a clause for the renewal of the term, and also that if it was...

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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, Landlord. filed three ejectment applications on March 9, 1967, May 13, 1968 and March 9, 1971 respectively against the appellants, a tenant for possession of one room situate at Kamla Nagar, New Delhi. The first application was on the ground of non-payment arrears of...

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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 :

In exorcise of the powers conferred 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 by a Notification No. II (2) H. O. 6060/76 dated 21-t November, 1976 exempted the- Buildings owned, inter alia by all the co-oper...

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

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

Headnote :

The respondent landlord issued a notice dated October 21, 1969 to the appellant demanding arrears of rent in respect of accommodation, which according to the respondent, consisted of a portion of a shop and a verandah and terminated the tenancy; and he filed a suit for eviction under section 12(1)(a...

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

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

Headnote :

consecutive months. On 14th December, 1973, the land-lady-appellant issued a notice to the tenant stating that he had not paid the damages after May 1973 and called upon him to pay the arrears within two months from the date of notice. The tenant remitted the rent to the land-lady by money-order...

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

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

Headnote :

A piece of open land belonging to the plaintiff (respondent) was given on lease to the defendant (appellant). The appellant installed a flour mill on that land. He did not use it for any purpose other than running the flour mill. In his suit for eviction of the tenant from the land, the plaintiff...

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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 inducted in the year 1964 as a tenant of the suit premises on an yearly rental payable by December 31, every year. Since the appellant did not pay the rent for the years 1965, 1966 a combined notice dated November 9, 1966 demanding payment of arrears and seeking ejectment on termin...

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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) purchased a building at a court auction. The appellant was inducted as a tenant by the prior owner of the premises. The L.l.C. gave notice under section 106 of the Transfer of Property Act directing the appellant to vacate the premises. As the appellant did not vacate t...

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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 :

On the ground that the tenant had sublet the premises without his consent the landlord sought the tenant's eviction from the premises under section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The Rent Controller ordered eviction and this order was affirmed by the Subordi...

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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 filed a suit for eviction of the respondent tenant and for arrears of rent and mesne profits. Though no specific plea of relief against forfeiture for non-payment of rent under section 114 of the Transfer of Property Act was taken in the pleadings, during the course of the ar...

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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 provides that a landlord can evict a tenant of premises let for residential purposes on the ground that the same were required by him bona fide for occupation as a residence for himself and that he has no other reasonably suita...

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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) let out the accommodation in dispute at a rent of Rs. 850/- per annum to the defendant (appellant) who was doing the business of retreading of tyres in the said premises. The defendant defaulted in payment of rent, and the plaintiff sent one month's notice terminating...

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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 out the building of which he was the owner, to the defendant on a monthly rent of Rs. 950 for running a restaurant. Even after the expiry of the period of lease in July, 1943 the defendant continued to be in possession of the building. By virtue of the Madr...

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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 took on lease the demised premises from respondents 1 and 2 under a registered lease deed dated September 11, 1948, the lease being for five years at monthly rent of Rs. 2000/- with an option for renewal to be exercised by a notice two months before the expiry of the lease. Resp...

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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 between a lessor and a lessee comes into existence by way of contract when the parties to the contract agree on the rent, duration of tenancy and other relevant terms. Section 111 of the transfer of Property Act provides various methods by which a lease of immovable property can be determine...

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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 suit filed against the respondents (defendants), for recovery of possession of the suit lands, the appellants (plaintiffs) alleged that the suit lands were the proprietor's private lands and were in their actual cultivating possession from time immemorial. The trial court dismissed the suit...

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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 firm took the demised premises on lease for a period of 11 months, and after the determination of the lease by efflux of time, it continued in possession and became a statutory tenant. The respondent landlord commenced an ejectment action against it under s. 13 of the East Punjab Rent...

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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 provides that a settlement shall be binding on the parties for such period as is agreed upon by them and shall continue to be binding after the expiry of the period until the expiry of two months from the date on which a notice in writing of an inte...

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

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

Headnote :

Under s. 12(1 ) of the Bombay Rents. Hotel and lodging House Rates Control Act, 1947, a tenant is entitled to claim protection from eviction so long as he is willing and ready to pay the standard rent as defined in s. 5(10) and permitted increases and observes other conditions of the Act. The protec...

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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 filed a suit for evicting his tenant Bhagwandas Kanu etc. after giving them a notice to quit. The Trial Court dismissed the suit but on appeal, the First Appellate Court passed a decree for eviction against the respondents. In second appeal before the High Court, the respondents ass...

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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...

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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 provides that a tenant shall not be liable to eviction except in execution of a decree passed by the Court on one or more of the grounds specified therein. Under s. 11A, if in a suit for recovery of possession of any buil...

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

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

Headnote :

Both the appeals raise a common question as to whether a tenant in order to resist passing of a decree of eviction under the provisions contained in s. 12(3)(a) of the Bombay Rent Act 1947 must dispute the standard rent within one month from the date of receipt of the notice from the landlord termin...

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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...

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

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

Headnote :

The respondent landlord let out the building in question to the appellant tenant in the year 1954, when the Transfer of Property Act was not applicable to Delhi where the property is situated. The Transfer of Property Act was made applicable to Delhi in the year 1962. In 1967, the respondent filed a...

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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 was tenant under the respondent's predecessor for a period of one year tenancy commencing from April 9, 1945. The respondent purchased the property in August, 1968 and the appellant became his tenant. On November 19, 1968 the respondent gave notice to the appellant terminating his...

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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)Under s. 4B of the Bombay Tenancy and Agricultural Lands Act, 1948, no tenancy of any land shall be terminated merely on the ground that the period, fixed by agreement or usage, for its duration, has expired. The appellant became a tenant under the respondent and the period of tenancy was for...

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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 filed a suit for the ejectment of the defendant appellant from the premises in dispute and for recovery of certain amount on account of arrears of rent. The defendant-appellant on the other hand claimed that-under the deed of trust they were entitled to occupy the said p...

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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 respondent-landlord instituted a suit under the Bombay Rent Act for possession against the appellant-tenant on two grounds, namely, arrears in payment of rent and bona fide requirement of the premises for personal use and occupation. A compromise decree was passed. When the appellant applied...

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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 from the Municipal Board. Under the terms of the contract the contractor had the right of use of sheds and shops as enjoyed by the Municipal Board as proprietor and the contractor was empowered to let them to s...

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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 was the proprietor of a reserved forest. The respondent took on lease from the appellant a plot of land for industrial purposes in the said forest area. As found by the High Court the lease was originally granted for one year in 1947 at an annual rent of Rs. 100. It was renewe...

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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 bought the suit premises and filed legal proceedings against the respondent, who was a tenant in the suit premises, for eviction on the ground of appellant's bonafide requirements u/s 10(3) of the Madras Rent Control Act. The tenant contested the landlord's claim inter alia, on...

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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, an open piece of land in the city of Bombay belonging to Sir Sapurji Bhairucha Mills Co. Ltd., was purchased by Bharat Insurance Co. Ltd. In 1947, the said piece of land was leased to Allenberry & Co. on a monthly rent of Rs. 1800/-. In 1950, the appellant Company was incorporated for t...

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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 lessees of a plot of land in Bombay. The lease Was granted in 1948 and was determined by efflux of time on September 30, 1958. However the appellants continued to occupy the land and to pay rent to the lessors. On August 7, 1959 the lessors gave notice purporting to termina...

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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 (predecessor-in-interest of the appellants) leased a plot of land then situate in Bihar State to the defendant by oral lease in 1943. In 1947 without the plaintiff's knowledge the defendant built certain superstructures on the land. In 1948 the plaintiff asked him to remove the str...

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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 gave notice to his tenant, under s. 12 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, demanding arrears of rent due and also terminating the tenancy on the ground that the tenant was a habitual defaulter. The arrears of rent claimed in the notice were paid after the...

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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 was the tenant since before 1958 of certain premises in Delhi belonging to the respondent. The latter filed a proceeding for electing the appellant under s. 14(1) of the Delhi Rent Control Act, 1958, on the plea of non- payment of rent for seven months. Persuant to the direction of the...

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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 in respect of a shop in Agra, Uttar Pradesh. The respondent applied to the District Magistrate under s. 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 for permission to institute a suit against the appellant for evicting him from t...

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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...

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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 :

Certain documents were executed between the appellant firm and the respondent company in respect of premises of which the latter was a tenant. According to the appellant these documents were intended to effect a sublease of three portions of the premises in question though in order to avoid conseque...

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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 :

By a lease commencing from January 1, 1939, for 12 years, a building in Calcutta was let to AB and under the terms of the lease, subletting or parting with possession without the previous consent of the landlord was prohibited. After the expiry of the period of the lease, AB continued in possession...

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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 instituted a suit against the first respondent and others for their ejectment from the property in suit, On February 28, 1949 the Calcutta Thika Tenancy Act came into force. The first respondent was not a thika tenant within the definition therefore of given in the Act....

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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 the tenant of the respondents on a piece of land. According to the lease agreement the period of lease was fixed at ten years but the lessee was entitled to renew the lease after that period under certain conditions. The lease agreement further provided that if the lessor requir...

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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 sued the-respondents-their tenants for ejectment from their shop. They had applied to the District Magistrate for the requisite permission to institute the suit under s. 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act. When the permission was refused they moved the Commi...

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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 of the respondents occupying one ,room of a building belonging to them. She was in arrears of rent,. The respondents served a notice on her claiming to recover arrears of rent for a period of two years and two months. A few days after the service of this notice the Bombay...

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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. The defendant was in arrears of rent for one year to the extent of Rs. 1,020. On April 11, 1959 the plaintiffs served a notice on the defendant requiring him to remit to them Rs. 1,020 within one month from the date of service of notice, failing which su...

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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 the tenant of the respondent occupying of the latter premises at a monthly rental of Rs. 70. The appellant appealed to the Civil Judge for fixing standard rent under s. 11(1) and for specifying interim rent under s. 11(3) of the Bombay Rents, Hotel and Lodging House Rates Control A...

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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, at an Extraordinary General Meeting of the shareholders of the United India Life Assurance Company Ltd., a resolution was passed, among other matters sanctioning a donation of Rs. 2 lakhs from out of the Share. holders' Dividend Account to a Trust proposed to be formed with...

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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 :

On the expiry of the appellant's tenancy for the occupation of the premises in dispute, the respondent who was the landlord filed a suit for possession of the premises. Meanwhile under s. 6 of the Bombay Rents, Hotel and Lodging House Rates Control 160 Act, 1947, a notification was issued app...

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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 the town of Calcutta of which the respondents were the owners. The respondents called upon the appellant to vacate and deliver possession of the premises on the expiration of the period of tenancy but possession was not delivered and the...

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

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

Headnote :

The provision as to notice in writing of the lessor's intention to determine the lease, container in section 111(g) of the Transfer of Property Act, 1882, as amended in 1929, is not based on any principle of justice, equity or good conscience and is not applicable to leases executed prior to 1st...

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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 embodied in s. 106 of the Transfer Property Act applies not only to express leases of uncertain duration but also to leases implied by law which may be inferred from possession and acceptance of rent and other circumstances. 270 The contract to the contrary contemplated b...

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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 context in which the provision for acceptance of rent finds a place in s. 116 of the Transfer of Property Act shows that what is contemplated is that the payment of rent should be made at such time and in such manner as to be equivalent to the landlord assenting to the lessee continuing in posse...

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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 force on the 13th February, 1948, has no application to appeals which were pending at the time when the Act came into force. Its retrospective effect is limited to cases mentioned in s. 50 of the Act, that is...

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State Bare Acts

Andhra Pradesh State Laws 362 Arunachal Pradesh State Laws 77 Assam State Laws 302 Bihar State Laws 525 Chandigarh Local Acts 30 Chhattisgarh State Laws 148 Delhi Local Laws 320 Goa State Laws 216 Gujarat State Laws 405 Haryana State Laws 492 Himachal Pradesh State Laws 306 Jammu and Kashmir State Laws 344 Jharkhand State Laws 284 Karnataka State Laws 263 Kerala State Laws 310 Madhya Pradesh State Laws 552 Maharashtra State Laws 862 Manipur State Laws 68 Mizoram State Laws 84 Nagaland State Laws 104 Odisha State Laws 731 Puducherry State Laws 108 Punjab State Laws 669 Rajasthan State Laws 730 Sikkim State Laws 107 Tamil Nadu State Laws 693 Telangana State Laws 32 Tripura State Laws 87 UP State Laws 914 Uttarakhand State Laws 131 West Bengal State Laws 738