Hindu deity can hold lands in Jagir only when cultivated by Shebait/Pujari and not by tenants: Rajasthan High Court
The Court set aside the SDO’s order, and subsequent appellate decisions and remanded back the case to the SDO for a fresh enquiry.
tenancy
‘Temporary nature of agreement and renewals indicates license status’; Calcutta High Court orders eviction
“Even if there are certain clauses which the parties may have aided from the tenancy legislation, is no ground to … declare the unambiguous leave and licence agreement to be an agreement of tenancy ignoring preponderance of probability.”
Tenant’s rights in redevelopment cannot eclipse landlord’s rights of ownership: Bombay High Court
“What the tenants really seek is not just a right to dictate the terms of that tenancy beyond anything the law contemplates, but to impermissibly expand tenancy rights to the prejudice of the property owner — without taking the slightest steps to acquire those ownership rights.”
[Perjury] | “Not every false statement is intended to be the subject matter of the prosecution”: Karnataka High Court
There must be prima facie case of deliberate falsity on a matter of substance and the Court must be satisfied and there must be reasonable foundation for the charge and the prosecution of the offender is necessary in the interest of justice.
Law does not allow husband to take wife’s articles without her consent and knowledge: Delhi High Court dismisses pre-arrest bail application
The Delhi High Court held that the law did not permit even the husband to take household articles including the jewellery without the consent and knowledge of his wife.
Electricity is an integral part of Right to Life; Punjab & Haryana High Court directs to restore electricity connection till final disposal
Punjab and Haryana High Court held that even if the lease has expired the electricity cannot be cut off to the petitioner while he is in possession of the suit property.
Once tenant starts paying rent, can he/she turn around and challenge title of landlord? Del HC examines
Delhi High Court: In a matter with regard to the grant of leave to defend, Subramonium Prasad, J., expressed that, the tenant
Civil Court has no jurisdiction in dispute relating to property governed by the Haryana (Control of Rent & Eviction) Act, 1973: SC
Supreme Court: The bench of Ajay Rastogi* and Abhay S. Oka, JJ has held that jurisdiction of the Civil Court is impliedly
Explained| Does Chennai City Tenants Protection Act, 1921 protects tenants who have sub-let or given the building to third parties?
Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has reiterated the position that the tenants would not be
Explained| Scope of Civil Court’s jurisdiction despite bar under Section 25 of Punjab Security of Land Tenures Act
Supreme Court: Deciding the ambit of the bar of jurisdiction under Section 25 of the Punjab Security of Land Tenures Act, 1953
Explained| What invalidates surrender of tenancy under the Andhra Pradesh Tenancy (Andhra Area) Act, 1956?
Supreme Court: Interpreting the provisions of the Andhra Pradesh Tenancy (Andhra Area) Act, 1956, the bench of UU Lalit and S. Ravindra
The Model Tenancy Act, 2021: A Step Forward
by Abhishek Gulatee[1]
Can there be presumption of Hindu joint family property if a business activity carried out by Karta in a tenanted premise? Supreme Court answers
“Even if a male member had taken premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing the business for and on behalf of Joint Hindu Family.”
Kar HC | ‘thou art weighed and found wanting’; Writ Court exercising limited supervisory jurisdiction under Art. 227 Constitution of India cannot run a race of opinions with the Court of impugned order
Karnataka High Court: Krishna S. Dixit, J. dismissed the petition being devoid of merits. Background The facts of the case are such
Raj HC | Petitioner failed to point out any averment or omission in eviction application that might invite application of Or. 7 R. 11 CPC: Court dismisses petition
Rajasthan High Court: Mahendar Kumar Goyal, J., dismissed a writ petition which was filed aggrieved by the order of the Rent Tribunal
Perplexity behind giving Notice to determine Tenancy in India
by Akshit Sachdeva*
Testamentary disposition of agricultural land to a non-agriculturist defeats the purpose of Sections 43 and 63 of Bombay Tenancy Act
Supreme Court: The 3-judge bench of UU Lalit, Indu Malhotra and AS Bopanna, JJ has held that an agriculturist cannot part with
Del HC | Landlord entitled for judgment on admissions in a suit for ejectment where tenant unequivocally admits the ingredients to be established by the landlord
Delhi High Court: Sanjeev Sachdeva, J., allowed a petition that challenged the impugned order whereby petitioner’s application under Order 12 Rule 6 CPC
Words “of the fact that he has attained majority” of Section 32-F of Maharashtra Tenancy and Agricultural Lands Act, 1948 struck down
Supreme Court: Overruling the verdict in Appa Narsappa Magdum [Appa Narsappa Magdum v. Akubai Ganapati Nimbalkar, (1999) 4 SCC 443, the 3-judge
Del HC | Charge of criminal trespass under S. 447 IPC by person claiming to be tenant not maintainable in absence of proof of tenancy
Delhi High Court: Sanjeev Sachdeva, J., allowed a petition filed by the allottee of the subject shop who was charged with an offence