Eviction Decree Archives

Legal and authorized ‘occupier’ of premises including tenant cannot be deprived of basic amenities like electricity connection | Allahabad HC

Allahabad High Court clarified that if the decree of eviction is set aside, recalled, or stayed, the tenants may remain entitled to apply for connection in accordance with law.

Case Briefs High Courts

Calcutta High Court upholds eviction decree on non-compliance of stringent requirements under Section 7 of the W.B. Premises Tenancy Act, 1997

Calcutta High Court observed that the Compliance with mandatory provisions, specifically Section 7(1) and (2), is crucial for a tenant defending against eviction under the West Bengal Premises Tenancy Act.

Case Briefs High Courts

Eviction Decree based on reasonable requirement valid even without considering ground of building/rebuilding: Calcutta High Court

“A respondent without filing cross objection can canvass the correctness of finding against him in order to support the judgment that has been passed against the appellant.”

Case Briefs High Courts

“Procedural technicalities should not override substantive provisions of law”, Calcutta High Court affirms ex-parte eviction decree

The first appellate court’s decision to set aside the ex-parte decree and remand the case was seen as unnecessary and not in line with the purpose of Order 18 Rule 4 of CPC.

Case Briefs High Courts

Calcutta High Court questions reopening of issue of nullity of eviction decree by Tribunal after it being settled in execution proceeding under Section 47 of CPC

In the instant matter, the West Bengal Land Reforms and Tenancy Tribunal reopened the issue of nullity of eviction decree and held that the land in question was vested with the State.

Case Briefs High Courts

Tenancy cannot be terminated on the ground of unregistered agreement for sale

Jharkhand High Court: A Single Judge Bench of Rajesh Kumar, J., dismissed a second appeal filed against the order of the trial