Civil Court Has Power To Try Pending Eviction Suits, If The Suit Property Comes Under Notified Area During Pendency: SC [Read Judgment]
8 years, 5 months ago

Civil Court Has Power To Try Pending Eviction Suits, If The Suit Property Comes Under Notified Area During Pendency: SC [Read Judgment]

Live Law  

The Supreme Court in Rajender Bansal & Ors. Vs. Bhuru, has held that a civil court would not cease to have jurisdiction to try a pending suit of eviction if the suit property came under the notified area during pendency of the suit.The bench comprising Justice AK Sikri and Justice NV Ramana summarised the following principles laid down in several decisions like Mansoor Khan Vs. Moti. Vs. Bhuru, has held that a civil court would not cease to have jurisdiction to try a pending suit of eviction if the suit property came under the notified area during pendency of the suit. The bench comprising Justice AK Sikri and Justice NV Ramana summarised the following principles laid down in several decisions like Mansoor Khan Vs. Moti Ram and Atma Ram Mittal Vs. Ishwar Singh Punia: Rights of the parties stand crystallised on the date of the institution of the suit and, therefore, the law applicable on the date of filing of the suit will continue to apply until suit is disposed of or adjudicated. However, referring to Mani Subrat Jain Vs. Raja Ram Vohra and Lakshmi Narayan Guin and Others Vs. Niranjan Modak, the court observed that the above principles would be subject to one exception that, in case of definition of 'tenant' and provisions pertaining to eviction of tenants contained in the Rent Act covers even those cases where the tenancy has been terminated, the protection provided under such provision would come to the rescue of the tenant even in respect of pending cases.

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History of this topic

Eviction Of Tenant From Corporate Debtor's Property Can Be Sought Under Tenancy Law, Not U/S 60(5) Of IBC: NCLAT
2 months, 2 weeks ago

Eviction Of Tenant From Corporate Debtor's Property Can Be Sought Under Tenancy Law, Not U/S 60(5) Of IBC: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Rakesh Kumar Jain and Mr. Naresh Salecha has held that eviction of tenant from the property of corporate debtor can only be sought under the Act in which tenancy was created and such power of eviction cannot be exercised by the Adjudicating Authority under Section 60 of the Code. The Tribunal while referring …

Maharashtra Rent Control Act | Tenant Can't Be Mechanically Evicted Based On Municipality's Demolition Order; Immediacy Must Be Examined : Supreme Court
1 year, 1 month ago

Maharashtra Rent Control Act | Tenant Can't Be Mechanically Evicted Based On Municipality's Demolition Order; Immediacy Must Be Examined : Supreme Court

Live Law  

In a case under the Maharashtra Rent Control Act, 1999, the Supreme Court observed that the eviction of a tenant cannot be ordered merely based on a demolition notice issued by the Municipal body. The Court has to examine the "immediate urgency" of the need for demolition.The Court made this observation in the context of Section 16 of the Act …

Decree Passed In A Suit For Possession Filed Before Civil Court Prior To Applicability Of Rajasthan Rent Control Act Is Valid And Executable : Supreme Court
2 years, 11 months ago

Decree Passed In A Suit For Possession Filed Before Civil Court Prior To Applicability Of Rajasthan Rent Control Act Is Valid And Executable : Supreme Court

Live Law  

The Supreme Court observed that a decree passed in a suit for possession filed before the civil court prior to the applicability of the Rajasthan Rent Control Act is valid and executable.In this case, the landlord filed a suit for possession before the Civil Court. The Supreme Court observed that a decree passed in a suit for possession filed before …

Civil Court Has Power To Try Pending Eviction Suits, If The Suit Property Comes Under Notified Area During Pendency: SC [Read Judgment]
8 years, 5 months ago

Civil Court Has Power To Try Pending Eviction Suits, If The Suit Property Comes Under Notified Area During Pendency: SC [Read Judgment]

Live Law  

The Supreme Court in Rajender Bansal & Ors. Vs. Bhuru, has held that a civil court would not cease to have jurisdiction to try a pending suit of eviction if the suit property came under the notified area during pendency of the suit.The bench comprising Justice AK Sikri and Justice NV Ramana summarised the following principles laid down in several …

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]
9 years, 2 months ago

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]

Live Law  

Full Bench of Allahabad High Court in Yogesh Agarwal vs. Union of India has held that eviction order passed under Section 5A of the Public Premises Act, 1971 is not appealable. Bench comprising of the Chief Justice Hon'ble Dr Dhananjaya Yeshwant Chandrachud, Justices Manoj Kumar Gupta and Yashwant Varma held that High Court in the exercise of its. Bench comprising …

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