Landlord Can Pursue Eviction Proceedings On Surviving Grounds Even After Taking Possession: SC [Read Judgment]
7 years, 10 months ago

Landlord Can Pursue Eviction Proceedings On Surviving Grounds Even After Taking Possession: SC [Read Judgment]

Live Law  

The landlord had approached the Rent Control Court seeking eviction of tenant under Section 11 and Section 11 of the Kerala Buildings Act, 1965. Setting aside a Kerala High Court order, the Supreme Court, in Valiyavalappil Sarojakshan vs Sumalsankar Gaikevada, has held that merely because a landlord has taken possession on the basis of an order. Setting aside a Kerala High Court order, the Supreme Court, in Valiyavalappil Sarojakshan vs Sumalsankar Gaikevada, has held that merely because a landlord has taken possession on the basis of an order for eviction granted on one ground, that does not mean that the surviving grounds have become non-est. For all practical purposes and legal consequences, the said grounds do survive to be considered under law, said the bench comprising Justice Kurian Joseph and Justice R Banumathi observed while setting aside the high court order which held that subject matter of eviction proceedings became non-est when landlord took possession on the strength of order passed by Rent Control Court on one ground.

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History of this topic

Only Such Subsequent Events That Completely Negate Landlord's Needs Are Decisive For Overturning Eviction Order: Kerala High Court
1 week, 5 days ago

Only Such Subsequent Events That Completely Negate Landlord's Needs Are Decisive For Overturning Eviction Order: Kerala High Court

Live Law  

The Kerala High Court has made it clear that only those subsequent events that completely negate the landlord's needs could be considered as decisive for overturning an already passed eviction order. The Rent Control Court again found that the landlords were not entitled to get eviction since they were in possession of other vacant rooms also which they could use …

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court
3 weeks ago

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court

Live Law  

The Kerala High Court observed that an appeal under Section 19 of the Contempt of Court Act will lie only in cases when the order is connected and incidental to the order of punishment for contempt. “Hence, the scheme of Section 19 of the Contempt of Courts Act, 1971, the Rules framed thereunder, and the decisions of the Apex Court, …

Eviction Cannot Be Ordered Without Due Process, Executive Authorities Cannot Adjudicate Land Title: Jharkhand High Court
1 month, 3 weeks ago

Eviction Cannot Be Ordered Without Due Process, Executive Authorities Cannot Adjudicate Land Title: Jharkhand High Court

Live Law  

In a recent judgment, the Jharkhand High Court has held that the question of land ownership cannot be unilaterally determined by the executive authorities and a person in possession cannot be summarily evicted without due process. Thus, his order is without jurisdiction.” “The Circle Officer cannot unilaterally determine the title of the government to the subject land and only the …

Even If Tenant Acquires Share In Leasehold Property, Co-Owners Can Maintain Eviction Proceedings As Lease Continues: Kerala HC Reaffirms
2 months, 1 week ago

Even If Tenant Acquires Share In Leasehold Property, Co-Owners Can Maintain Eviction Proceedings As Lease Continues: Kerala HC Reaffirms

Live Law  

" There is no dispute as to the general legal proposition that while not all coowners need to be parties to an eviction petition, their consent is required for the co-owner initiating the action and such consent may be presumed in the absence of evidence to the contrary. As mentioned above, the law is well settled that even when the …

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court
Trending News
3 months ago

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court

Live Law  

The Supreme Court observed that the eviction proceedings of unauthorized occupants of 'public premises' ought to be carried out under the statutory provisions. The bench comprising Justices Dipankar Datta and Prashant Kumar Mishra was hearing an appeal filed by the Municipal Corporation of Greater Mumbai against the High Court's interference in the exercise of quasi-judicial powers of the Inquiry Officer …

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court
Trending News
3 months ago

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court

Live Law  

The Supreme Court observed that the eviction proceedings of unauthorized occupants of 'public premises' ought to be carried out under the statutory provisions. The bench comprising Justices Dipankar Datta and Prashant Kumar Mishra was hearing an appeal filed by the Municipal Corporation of Greater Mumbai against the High Court's interference in the exercise of quasi-judicial powers of the Inquiry Officer …

While Eviction Under Senior Citizens Act Is Subject To Outcome Of Pending Suit, Protection Offered To Elders Shouldn't Be Defeated: Allahabad HC
3 months, 1 week ago

While Eviction Under Senior Citizens Act Is Subject To Outcome Of Pending Suit, Protection Offered To Elders Shouldn't Be Defeated: Allahabad HC

Live Law  

The Allahabad High Court has held that an order of eviction sought under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 would be subject to the outcome of a suit pertaining to larger issues between the family members, if such suit is filed prior to the application made for eviction under the Act of 2007. a daughter-in-law …

Rent Control Act | Pleadings Regarding Denial Of Title Or Claim For Permanent Tenancy Must Be Clear & Specific: Kerala High Court
3 months, 2 weeks ago

Rent Control Act | Pleadings Regarding Denial Of Title Or Claim For Permanent Tenancy Must Be Clear & Specific: Kerala High Court

Live Law  

The Kerala High Court has observed that for the Rent Control Court to assess the genuineness of the claim of permanent tenancy or denial of title, the pleading must be clear, specific, unequivocal and explicit. “The Pleading regarding the denial of title or the claim for permanent tenancy must be clear, specific, and unequivocal, without which the Rent Control Court …

S. 106 TP Act | 15 Days' Notice To 'Tenant Holding Over' A Must Before Eviction: Orissa High Court
3 months, 2 weeks ago

S. 106 TP Act | 15 Days' Notice To 'Tenant Holding Over' A Must Before Eviction: Orissa High Court

Live Law  

The Orissa High Court has reiterated that the lessor is required to give a minimum 15-days-notice to the lessee in the nature of 'tenant holding over', as prescribed under Section 106 of the Transfer of Property Act, before seeking to evict him from his immoveable property. While deciding a regular second appeal, the Single Bench of Justice Sashikanta Mishra explained …

'Strange', Punjab & Haryana High Court Flags Conflicting Judgements Passed By Authority For Same Property Between Same Parties In One Day
3 months, 3 weeks ago

'Strange', Punjab & Haryana High Court Flags Conflicting Judgements Passed By Authority For Same Property Between Same Parties In One Day

Live Law  

The Punjab & Haryana High Court has flagged a "strange" case where the Rent Control Appellate Authority passed conflicting judgements with respect to same property between same parties on the same day.It was brought to the Court's notice that the Appellate Authority on the same day has given two conflicting orders - in one, on the same very grounds, ejectment …

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court
7 months, 2 weeks ago

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court

Live Law  

The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building Tax Act.The bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V.M. The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building …

Kerala High Court:Divorced Wife Can't Be Evicted From 'Shared Household' Without Due Process
8 months, 3 weeks ago

Kerala High Court:Divorced Wife Can't Be Evicted From 'Shared Household' Without Due Process

Live Law  

The Kerala High Court in a recent judgment observed that a former wife, though divorced cannot be evicted from a shared household except through a procedure laid down by law. The Court observed that even though a divorced woman had no right over the shared household, if she was staying there during or after divorce, she could be evicted only …

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 …

Visva-Bharati’s eviction order against Amartya Sen was not legal: Court
1 year, 1 month ago

Visva-Bharati’s eviction order against Amartya Sen was not legal: Court

Hindustan Times  

Visva-Bharati’s eviction order against Nobel laureate Amartya Sen, to vacate 13 decimal of 1.38 acres of land on the university campus last year, was illegal, the district court in West Bengal’s Birbhum said on Wednesday. “We challenged the eviction order, saying the law it cited was not applicable at the time when Sen’s father, Ashutosh Sen, took the land on …

S.12 Kerala Rent Control Act | Tenant Can't Contest Eviction Application Unless Admitted Arrears Of Rent Are Deposited: High Court
1 year, 2 months ago

S.12 Kerala Rent Control Act | Tenant Can't Contest Eviction Application Unless Admitted Arrears Of Rent Are Deposited: High Court

Live Law  

The Kerala High Court has clarified that a tenant cannot contest an eviction application filed by the landlord under Section 11 of the Kerala Buildings Act, 1965 unless the admitted arrears of rent are cleared.A two-judge bench of Justice PB Suresh Kumar and Justice Johnson John said the tenant has to pay or deposit with the Rent Control Court or …

Kerala Buildings (Lease & Rent Control) Act | S.11(3) Does Not Apply When Landlord Obtains Vacant Possession After Eviction Petition: High Court
1 year, 3 months ago

Kerala Buildings (Lease & Rent Control) Act | S.11(3) Does Not Apply When Landlord Obtains Vacant Possession After Eviction Petition: High Court

Live Law  

The Kerala High Court on Wednesday laid down that the first proviso to Section 11 Kerala Buildings Act, 1965 does not apply to situations where the landlord obtains vacant possession of a building after the institution of the eviction petition. The first proviso to Section 11 restricts the power of the Rent Control Court in issuing an order directing the …

Kerala launches eviction drive to clear encroachments Idukki
1 year, 5 months ago

Kerala launches eviction drive to clear encroachments Idukki

Hindustan Times  

Kochi: A special task force constituted by the Kerala government cleared an illegally encroached piece of land belonging to an individual in Chinnakanal panchayat of Idukki district on Thursday in what is tipped to be the start of a major eviction drive in the fragile hill station of Munnar, officials familiar with the matter said. The action of the STF …

SC stays U’khand HC’s decision on eviction order in Haldwani
2 years, 2 months ago

SC stays U’khand HC’s decision on eviction order in Haldwani

Live Mint  

The Supreme Court on 5 January has stayed the Uttarakhand High Court's decision directing authorities to remove encroachments from railway land in Uttarakhand's Haldwani. The apex court issued notices to the Railways and the state government seeking their responses on a batch of pleas challenging the high court order for removal of encroachments from railway land in Haldwani's Banbhoolpura area. …

Revenue Divisional Officer Not Empowered To Order Recovery Of Possession Under TN Tenancy Law: High Court
2 years, 3 months ago

Revenue Divisional Officer Not Empowered To Order Recovery Of Possession Under TN Tenancy Law: High Court

Live Law  

The Madras High Court has held that the Revenue Divisional Officer, which is a rent authority does not have powers to order for recovery of possession as per the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. The court thus observed, As per Section 21 of the Act, the Rent Court alone has got powers …

Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging 'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil In Nature
2 years, 4 months ago

Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging 'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil In Nature

Live Law  

The Kerala High Court on Tuesday held that a threat of illegal eviction/ trespass can be remedied by approaching a civil court. It added that High Court's writ jurisdiction cannot be invoked in such cases seeking police protection, when even the basic facts are disputed and the rights claimed cannot be established in summary proceeding under Article 226 of the …

'There's No Bar For Someone Who Is Pursuing Higher Studies, To Start Business' : SC Upholds Eviction Of Tenant For 'Bonafide Requirement' Of Landlord
2 years, 4 months ago

'There's No Bar For Someone Who Is Pursuing Higher Studies, To Start Business' : SC Upholds Eviction Of Tenant For 'Bonafide Requirement' Of Landlord

Live Law  

There is no bar for someone who is pursuing higher studies, to start a business, the Supreme Court observed while upholding an eviction order passed on the ground of bonafide requirement/need.In this case, the landlord sought eviction of the tenant on two grounds: One, wilful default in payment of rent and two, bona fide requirement of the premises for the …

Method To Determine Compensation For Use & Occupation Of Tenancy Premises By A Tenant Who Suffered Eviction Decree : Supreme Court Explains
2 years, 4 months ago

Method To Determine Compensation For Use & Occupation Of Tenancy Premises By A Tenant Who Suffered Eviction Decree : Supreme Court Explains

Live Law  

The Supreme Court, in a judgment delivered on Wednesday, explained the method to determine the compensation for use and occupation of the tenancy premises by a tenant who suffered an eviction decree.From the date of the decree of eviction, the tenant is liable to pay mesne profits or compensation for use and occupation of the premises at the same rate …

[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers
2 years, 5 months ago

[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers

Live Law  

The Delhi High Court has set out the various factors that are necessary to be taken into consideration by the appellate authority under the Senior Citizens Act, 2007 while dealing with an application seeking stay in a pending appeal against an eviction order.Justice Yashwant Varma observed that in such cases, the appellate authority would have to consider the nature of …

Making Available Parking Space For Building Visitors Valid Reason For Tenant's Eviction U/S 11(3) Kerala Buildings Act, 1965: High Court
2 years, 6 months ago

Making Available Parking Space For Building Visitors Valid Reason For Tenant's Eviction U/S 11(3) Kerala Buildings Act, 1965: High Court

Live Law  

The Kerala High Court recently, while disposing of a Rent Control Revision Petition, held that making available parking space for building visitors is a valid reason for tenant's eviction under Section 11 Kerala Buildings Act, 1965.Division Bench consisting of Justice Anil K. Narendran and Justice P. G. Ajithkumar, relying heavily on the High Court's decision in similar matters, clarified. The …

Order Of Land Tribunal Granting Occupancy Rights To Tenant Not Sustainable If Legal Heirs Of Deceased Owner Not Made Party: Karnataka High Court
2 years, 9 months ago

Order Of Land Tribunal Granting Occupancy Rights To Tenant Not Sustainable If Legal Heirs Of Deceased Owner Not Made Party: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order of the Land Tribunal conferring occupancy rights in respect of a land in favour of the tenant, on the ground that all the legal heirs of the deceased owner were not arrayed as parties to the proceedings and their right to oppose was snatched away. Further, the cause title of the …

Unlawful Possession Can't Be Defended On The Ground That Eviction Clause In Statute Is Prospective In Nature: Orissa High Court
2 years, 9 months ago

Unlawful Possession Can't Be Defended On The Ground That Eviction Clause In Statute Is Prospective In Nature: Orissa High Court

Live Law  

The Orissa High Court has clarified that an unlawful possession of a property, which does not bestow any right, cannot be defended only on the ground that the legislation, which authorises eviction, is prospective in nature. 2 without considering the scope of the expression 'unauthorized occupation' as appearing in Section 25 of the OHRE Act, which was introduced in 1981 …

'Unless Stayed In Any Proceedings, Eviction Orders Must Be Followed': Rajasthan HC In PIL To Remove Encroachments From School Playground
3 years ago

'Unless Stayed In Any Proceedings, Eviction Orders Must Be Followed': Rajasthan HC In PIL To Remove Encroachments From School Playground

Live Law  

The Rajasthan High Court has observed that unless the orders of eviction are set aside or stayed in any proceedings, eviction must follow. As per petitioner, the playground of the school was illegally leased out to large number of the persons by the Gram Panchayat without any authority of law and when complaints were made, the competent authority initiated proceedings …

In Dispute Between The Husband And Wife Under DV Act, Landlord Who Entitled To Decree Of Eviction Should Not Be Made To Suffer: Supreme Court
3 years ago

In Dispute Between The Husband And Wife Under DV Act, Landlord Who Entitled To Decree Of Eviction Should Not Be Made To Suffer: Supreme Court

Live Law  

The Supreme Court has observed that in a dispute between the husband and wife under the Domestic Violence Act, the landlord, who otherwise is entitled to the decree of eviction should not be made to suffer.The bench of Justices MR Shah and BV Nagarathna was considering SLP assailing Delhi High Court's order dated May 13, 2021.In the impugned judgment, the …

Revisional Powers Of High Court Under Rent Act Confined To Detecting Legality, Regularity & Propriety Of Impugned Orders: Kerala High Court
3 years, 5 months ago

Revisional Powers Of High Court Under Rent Act Confined To Detecting Legality, Regularity & Propriety Of Impugned Orders: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the power exercisable by a High Court under Section 25 of the Kerala Buildings Act is not an appellate power to reappraise or reassess the evidence for coming to a different finding contrary to the finding recorded by the courts below.A Division Bench of Justice Anil Narendran and Justice K Babu remarked:".it cannot …

Kerala High Court Stays Show Cause Notice Issued By Lakshadweep Administration For Demolition Of A Madrassa
3 years, 7 months ago

Kerala High Court Stays Show Cause Notice Issued By Lakshadweep Administration For Demolition Of A Madrassa

Live Law  

The Kerala High Court on Monday stayed the eviction and demolition of a long-standing madrassa in Lakshadweep. Justice Raja Vijayaraghavan passed the interim order while directing the Lakshadweep Administration to file a counter affidavit within four weeks. The petitioner had moved the Court challenging a show-cause notice issued by the Administration to demolish and evict the Madrassa from its allotted …

Suit For Mandatory Injunction Maintainable Against Licensee To Vacate Property After Termination Of License : Kerala High Court
3 years, 8 months ago

Suit For Mandatory Injunction Maintainable Against Licensee To Vacate Property After Termination Of License : Kerala High Court

Live Law  

The Kerala High Court has held that a civil suit for mandatory injunction is maintainable against a licensee to vacate the property on termination of license, despite the availability of other modes of eviction. The owner of immovable property on termination of the license is entitled to maintain a suit for mandatory injunction against the licensee to vacate the property", …

Case dragged for 30 yrs: SC slaps ₹1L fine, orders tenant to pay 11-yr rent
4 years ago

Case dragged for 30 yrs: SC slaps ₹1L fine, orders tenant to pay 11-yr rent

Hindustan Times  

A tenant, who deprived a landlord of his property for around three decades, has been slapped with a penalty of ₹1 lakh by the Supreme Court, which also ordered him to cough up the rent for the past 11 years at the market rate. The bench ordered that the property -- a shop in West Bengal’s Alipore -- be handed …

Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Laws : Supreme Court
4 years, 3 months ago

Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Laws : Supreme Court

Live Law  

In a landmark judgment delivered on Monday, the Supreme Court overruled its 2017 judgment in Himangni Enterprises case to hold that landlord-tenant disputes are arbitrable except when they are covered by specific forum created by rent control laws. In a landmark judgment delivered on Monday, the Supreme Court overruled its 2017 judgment into hold that landlord-tenant disputes are arbitrable except …

Rent Control Act: HC Cannot Interfere With Finding Of Fact In Revisional Jurisdiction Unless There Is Perversity Or Misappreciation of Evidence: SC [Read Judgment]
4 years, 9 months ago

Rent Control Act: HC Cannot Interfere With Finding Of Fact In Revisional Jurisdiction Unless There Is Perversity Or Misappreciation of Evidence: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the High Court, in its revisional jurisdiction conferred by Section 20 of the Kerala Building Act, cannot interfere with the finding of fact by Appellate Authority, unless there is perversity or misappreciation of evidence by it. Interfering with this finding of fact, again, without any perversity or misappreciation of evidence by the Appellate Authority …

Kerala Rent Control Act: Sub-Letting A Part Of Tenanted Premises Gives Landlord The Right To Eviction From The Whole Premises: SC [Read Judgment]
5 years, 2 months ago

Kerala Rent Control Act: Sub-Letting A Part Of Tenanted Premises Gives Landlord The Right To Eviction From The Whole Premises: SC [Read Judgment]

Live Law  

The Supreme Court, interpreting the provisions of Kerala Buildings, Act, 1965, observed that sub-letting of any part of the tenanted premises gives the landlord the right to eviction from the whole premises. The contention taken in this case by the landlord was that even if the sub-tenancy is created in part of the premises, the entitlement of eviction is in …

SC Orders Status Quo On Allahabad HC Direction To Evict 28 Anglo Indian Families From Lease Land In Prayagraj [Read Order]
5 years, 3 months ago

SC Orders Status Quo On Allahabad HC Direction To Evict 28 Anglo Indian Families From Lease Land In Prayagraj [Read Order]

Live Law  

In a temporary relief to 28 Anglo-Indian families who were facing the threat of eviction following a direction of Allahabad High Court, the Supreme Court on November 22 directed to maintain status quo for the time being. A bench comprising Justices R F Nariman and S Ravindra Bhat on Friday issued notice on a plea filed against the order of …

HC Can't Reappreciate Evidence While Exercising Revisional Jurisdiction U/s 20 Of Kerala Rent Control Act, Reiterates SC [Read Judgment]
5 years, 7 months ago

HC Can't Reappreciate Evidence While Exercising Revisional Jurisdiction U/s 20 Of Kerala Rent Control Act, Reiterates SC [Read Judgment]

Live Law  

While exercising revisional jurisdiction under Section 20 of the Kerala Buildings Act, the High Court cannot re-appreciate the evidence, the Supreme Court has reiterated.In this case, setting aside concurrent orders of the Rent Control Court and the Appellate Tribunal in favour of the landlord, the High Court of Kerala had held. While exercising revisional jurisdiction under Section 20 of the …

Landlord Can't Be Precluded From Filing Eviction Petition On The Ground Of Bonafide Need Regarding Non-Residential Premises: SC [Read Judgment]
5 years, 7 months ago

Landlord Can't Be Precluded From Filing Eviction Petition On The Ground Of Bonafide Need Regarding Non-Residential Premises: SC [Read Judgment]

Live Law  

The Supreme Court has held that the judgment of Satyawati Sharma Vs. Union of India which held that Section 14 of the Delhi Rent Control Act is unconstitutional to the extent it discriminates between the premises let for residential and non-residential purposes, cannot be held to be per incuriam. In Satyawati Sharma, it was held that Section 14 of Act …

In Eviction Proceedings, Entries In Property Tax Register Of Local Authority Cannot Be Conclusive Proof Of Landlord's Occupation Of Vacant Building : Kerala HC Full Bench[Read Judgment]
6 years, 3 months ago

In Eviction Proceedings, Entries In Property Tax Register Of Local Authority Cannot Be Conclusive Proof Of Landlord's Occupation Of Vacant Building : Kerala HC Full Bench[Read Judgment]

Live Law  

A Full Bench of High Court of Kerala has held that entries in property tax register or building tax register of local authority cannot be taken as conclusive proof of occupation of vacant building in eviction proceedings under the Kerala Buildings Act, 1965When a landlord projects his bona fide need of rented premises to seek eviction of tenant, the possession …

In Eviction Proceedings, Entries In Property Tax Register Of Local Authority Cannot Be Conclusive Proof Of Landlord's Occupation Of Vacant Building : Kerala HC Full Bench[Read Judgment]
6 years, 3 months ago

In Eviction Proceedings, Entries In Property Tax Register Of Local Authority Cannot Be Conclusive Proof Of Landlord's Occupation Of Vacant Building : Kerala HC Full Bench[Read Judgment]

Live Law  

A Full Bench of High Court of Kerala has held that entries in property tax register or building tax register of local authority cannot be taken as conclusive proof of occupation of vacant building in eviction proceedings under the Kerala Buildings Act, 1965When a landlord projects his bona fide need of rented premises to seek eviction of tenant, the possession …

No Eviction Can Be Ordered Even If The Parties Had Entered Into A Compromise: SC [Read Judgment]
6 years, 7 months ago

No Eviction Can Be Ordered Even If The Parties Had Entered Into A Compromise: SC [Read Judgment]

Live Law  

‘Unless and until ground seeking eviction in terms of the concerned contract is made out, no eviction of a tenant can be ordered, even if the parties had entered into a compromise.’The Supreme Court has held that, in cases where protection under the Rent Act is available, no eviction can be ordered unless ground seeking eviction is made out, even …

Attachment Before Judgment: Kerala HC Clarifies That Order On Claim Petition Is Appealable As Decree [Read Order]
6 years, 8 months ago

Attachment Before Judgment: Kerala HC Clarifies That Order On Claim Petition Is Appealable As Decree [Read Order]

Live Law  

The High Court of Kerala has clarified that an order adjudicating a claim over a property under attachment before judgment is appealable as if it was a decree. The clarification was made by a division bench comprising Justice V Chitambaresh and Justice Narayana Pisharadi, answering a reference whether such an order could be challenged in an original petition under Article …

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]
7 years, 8 months ago

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]

Live Law  

While setting aside a judgment on a rent control matter by the Kerala High Court, the Supreme Court has observed that the high court has no jurisdiction to issue directions to the trial court to pass a particular order by either allowing the application or rejecting it.Slamming the high court, a bench comprising Justice AM Sapre and Justice R Banumathi …

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]
7 years, 8 months ago

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]

Live Law  

While setting aside a judgment on a rent control matter by the Kerala High Court, the Supreme Court has observed that the high court has no jurisdiction to issue directions to the trial court to pass a particular order by either allowing the application or rejecting it.Slamming the high court, a bench comprising Justice AM Sapre and Justice R Banumathi …

SC Sets Aside HC Judgment Because Of Poor English [Read SC Order & HC Judgment]
7 years, 11 months ago

SC Sets Aside HC Judgment Because Of Poor English [Read SC Order & HC Judgment]

Live Law  

The Supreme Court had to recently set aside a judgment passed by the Himachal Pradesh High Court, because of the convoluted English used in the judgment.“After hearing learned counsel, it is not possible to comprehend the contents of the impugned order passed by the High Court. The Supreme Court had to recently set aside a judgment passed by the Himachal …

Co-Owner Alone Can Maintain Eviction Suit: SC [Read Judgment]
8 years ago

Co-Owner Alone Can Maintain Eviction Suit: SC [Read Judgment]

Live Law  

Every co-owner owns every part and every bit of the joint property along with others, the court said.The Supreme Court, in Om Prakash vs Mishri Lal, has reiterated that a co-owner can alone maintain a suit for eviction of the tenant without joining the other co-owners if such other co-owners do not object.The court made this observation in an appeal …

Co-Owner Alone Can Maintain Eviction Suit: SC [Read Judgment]
8 years ago

Co-Owner Alone Can Maintain Eviction Suit: SC [Read Judgment]

Live Law  

Every co-owner owns every part and every bit of the joint property along with others, the court said.The Supreme Court, in Om Prakash vs Mishri Lal, has reiterated that a co-owner can alone maintain a suit for eviction of the tenant without joining the other co-owners if such other co-owners do not object.The court made this observation in an appeal …

Landlord Can Evict Tenants For Bona Fide Need Of Premises For Business Purpose: SC [Read Judgment]
8 years, 4 months ago

Landlord Can Evict Tenants For Bona Fide Need Of Premises For Business Purpose: SC [Read Judgment]

Live Law  

The Supreme Court in Bhupinder Singh Bawa vs. Asha Devi, has upheld an order of eviction on the ground of bona fide requirement of tenanted premises for the business requirement of the son of the landlady.The High Court, while dismissing the revision petition, had held that there is no law which suggests that if a landlord/landlady requires the premises for …

Landlord Can Evict Tenants For Bona Fide Need Of Premises For Business Purpose: SC [Read Judgment]
8 years, 4 months ago

Landlord Can Evict Tenants For Bona Fide Need Of Premises For Business Purpose: SC [Read Judgment]

Live Law  

The Supreme Court in Bhupinder Singh Bawa vs. Asha Devi, has upheld an order of eviction on the ground of bona fide requirement of tenanted premises for the business requirement of the son of the landlady.The High Court, while dismissing the revision petition, had held that there is no law which suggests that if a landlord/landlady requires the premises for …

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