Search Results for Tag : Eviction
International Cases
Where an eviction is going to render persons homeless, a constitutional obligation rests on relevant municipality to provide suitable accommodation(14.11.2019)
Present is an appeal against the eviction of Mr. Cedric Morgan Jones and Mrs. Diane Morgan Jones, aged 78 and 76 years old respectively, together with.....
Tags : Eviction, Legality, Right of residence
Fundamental breach of relationship justifies eviction(30.09.2021)
The Appellant’s appeal is against an order of the Land Claims Court, Randburg, which set aside an order by the Magistrate’s Court that, the Respondent.....
Tags : Eviction, Grant, Justification
Congress must specifically authorize CDC to continue with eviction moratorium imposed as relief program for alleviating the burdens caused by the COVID–19 pandemic(26.08.2021)
In March 2020, Congress passed the Coronavirus Aid, Re¬lief, and Economic Security Act to alleviate burdens caused by the COVID–19 pandemic. Among oth.....
Tags : Eviction, Extension of moratorium, COVID-19
Accommodation is not a home, it is a residence of limited duration for a specific purpose, that is time-bound by the academic year and subject to rotation(03.07.2023)
Present is an appeal against the order of the High Court, dismissing the Appellant’s application to evict the Respondents. The respondents had been ca.....
Tags : Accommodation, Eviction, Entitlement
Where an issue in general interest is at stake, it is incumbent on public authorities to act in good time, in an appropriate manner and with utmost consistency(13.09.2016)
Instant case originated in an application against Russian Federation lodged with Court under Article 34 of Convention for Protection of Human Rights a.....
Tags : Eviction, Rights, Violation
A contracting party is entitled to specific performance of any contractual right(28.03.2024)
Present is an appeal against a judgment of the High Court, which granted an eviction order against the appellant from a commercial property, pursuant .....
Tags : Eviction, Notice, Legality
News
Delhi HC: Senior Citizens Needn't Show 'Ill Treatment' to Seek Eviction of Children from Property(27.03.2020)
Delhi High Court has held that senior citizens, who seek eviction of their sons or legal heirs from their property, need not necessarily have to show .....
Tags : Delhi High Court, Eviction of Children from Property
SC Grants 2 Weeks Time for Unauthorized Occupants to Vacate Kalkaji Temple Premises(29.06.2022)
Supreme Court while refusing to interfere with plea challenging eviction order passed by Delhi High Court, has granted 2 weeks time to some unauthoriz.....
Tags : Supreme Court, Kalkaji Temple Premises, Eviction
Bombay HC Upholds Eviction of Unauthorised Occupants From Mumbai International Airport(09.06.2022)
Bombay High Court has upheld the eviction orders passed against a group of unauthorized occupants, claiming tenancy rights on the premises of Mumbai I.....
Tags : Bombay High Court, Eviction, Mumbai International Airport
Orissa HC: Unlawful Possession Can't be Defended on Ground that Clause is Prospective in Nature(26.05.2022)
Orissa High Court has stated that an unlawful possession of a property, which does not bestow any right, cannot be defended only on the ground that th.....
Tags : Orissa High Court, Possession, Eviction
Tenant Can’t Be Evicted On Ground Of ‘Change Of User’ Sans Negative Covenant: SC(20.09.2018)
SC has held that in absence of any negative covenant in lease agreement restricting the tenant to run business only relating to the purpose for which .....
Tags : Supreme Court, Tenant, Eviction
SC: Landlord Entitled to Mesne Profits from Tenant When Execution of Eviction Decree is Stayed(08.07.2022)
Supreme Court has held that once a decree for eviction is stayed, it is necessary for the appellate court to fix the mesne profits to be paid by the t.....
Tags : Supreme Court, Mesne Profit, Tenant, Eviction Decree
J&K HC Grants 10 Days' Time to Government to File Status/Compliance on Eviction of Former Ministers(18.09.2020)
Jammu & Kashmir High Court has granted the Government, 10 days' time to update the status/ compliance, as regards the directions passed by the Court q.....
Tags : Jammu and Kashmir High Court, Eviction of Former Ministers
Bombay HC Extends All Interim Orders Relating to Eviction, Demolition & Dispossession(30.10.2020)
Bombay High Court has directed extension of all interim orders relating to eviction, demolition and dispossession by the High Court as well as subordi.....
Tags : Bombay High Court, Extension of Interim Orders on Eviction, Demolition & Dispossession
SC: Defendant in Eviction Suit Can't Enjoy Property During Pendency Without Depositing Rent(18.07.2022)
Supreme Court has held that a defendant cannot enjoy the property during pendency of suit without depositing the amount of rent/damages by merely deny.....
Tags : Supreme Court, Eviction Suit, Rent
CIVIL - SC Orders Eviction of More Than 10 Lakh Tribals(21.02.2019)
Supreme Court has ordered eviction of at least 10 lakh Scheduled Tribes and Other Traditional Forest Dwellers after their claims on forestlands were r.....
Tags : Supreme Court, Eviction, Tribals
Del. HC Lays Down Factors to be Considered While Dealing With Application for Stay on Eviction Order(10.10.2022)
Delhi High Court has set out the various factors that are necessary to be taken into consideration by the appellate authority under the Senior Citizen.....
Tags : Delhi High Court, Senior Citizen Act, Eviction Order
Cal. HC: Suit for Eviction from Property for Running Business Lies Before Commercial Division(14.11.2022)
Calcutta High Court while transferring an eviction suit before its non-commercial Division to its Commercial Division has held that only operative con.....
Tags : Calcutta High Court, Eviction, Commercial
PROPERTY - Delhi HC: Forced and Unannounced Eviction Of Slum Dwellers Contrary To Law(19.03.2019)
Delhi High Court has observed that forced and unannounced eviction of jhuggi dwellers is contrary to law and authorities should ensure that displaced .....
Tags : Delhi High Court, unauthorised eviction, slum dwellers
Supreme Court: Eviction Suit By Co-owner With ‘No Objection From Other Owners’ Maintainable(24.03.2017)
Supreme Court has reiterated that a co-owner can alone maintain a suit for eviction of tenant without joining other co-owners if such other co-owners .....
Tags : Supreme Court, Eviction Suit
SC Refuses to Stay Eviction Notices Against Unauthorised Occupants in Kalkaji Temple Premises(10.01.2023)
Supreme Court has refused to entertain applications seeking stay of eviction notices issued to occupants of the encroachments within the Kalkaji Templ.....
Tags : Supreme Court, Kalkaji Temple, Unauthorized Occupants, Eviction
Chhattisgarh HC: Maintenance Tribunal Has Power To Order Eviction Of Children From Parents House(24.01.2023)
Chhattisgarh High Court has ruled that Maintenance Tribunal possesses power under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.....
Tags : Chhattisgarh High Court, eviction, Maintenance
Bom HC: Eviction of Air India Employee Due to Privatization is Not Industrial Dispute(14.03.2023)
Bombay High Court while observing that right to retain accommodation is governed by stipulations of leave and license agreement and not as a matter of.....
Tags : Bombay High Court, Accommodation, Eviction, Air India, Industrial Dispute
Del. HC to State: Prepare SOP for SDMs on How to Give Effect to Orders on Recovery & Eviction(03.03.2023)
Delhi High Court while observing that various orders for enforcement of possession and recovery which are to be given effect to by concerned SDM are n.....
Tags : Delhi High Court, Eviction, SOP, SDMs
Gau. HC to State: Submit Report on Number of Shelter Camps in Assam(24.04.2023)
Gauhati High Court has directed State to provide the exact number of temporary shelter camps in entire state wherein people who have been displaced on.....
Tags : Gauhati High Court, Shelter Camps, Eviction Drives
Rajya Sabha Passes Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019(07.08.2019)
Rajya Sabha has passed the Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019. The Bill aims at the speedy eviction of unauthor.....
Tags : Rajya Sabha, Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019
Supreme Court: Courts Should Give Priority to Eviction Cases(31.07.2017)
Supreme Court has said that eviction matters should be given priority by Courts at all stages of litigation, especially in cases where the landlord ha.....
Tags : Supreme Court, eviction
SC: Right of Forest Inhabitants to be Heard Against Eviction, Not Limited to Certain Communities(07.07.2023)
Supreme Court has held that right of forest inhabitants to be heard by forest officer, for claims against eviction must be granted to all claiming pos.....
Tags : Supreme Court, Forest Inhabitants, Eviction, Right
Delhi HC: Married Daughter Included Among Dependents of Their Parents(11.07.2023)
Delhi High Court while dealing with an eviction petition observed that law provides for eviction of a tenant on the need of dependents, and married da.....
Tags : Delhi High Court, Married Daughter, Eviction
SC: As Decree was Passed After 38 Years, Defect of Suit Being Filed Before 5 Years of Tenancy Cured(13.07.2023)
Supreme Court while allowing the appeal of a landlord, who filed an eviction suit within 5 years of tenancy, observed that even though such suits are .....
Tags : Supreme Court, Tenancy, Defect, Eviction
Bombay HC Extends Protective Orders Against Evictions and Dispossessions Till August 30(11.08.2021)
Bombay High Court has refused to continue its unconditional extension of all interim orders in Maharashtra beyond 30th August, 2021, given the improvi.....
Tags : Bombay High Court, Protective Orders Against Evictions and Dispossessions
All. HC: Can’t Direct Eviction under Senior Citizen Act at the Mere Instance of Senior Citizens(22.08.2023)
Allahabad High Court while observing that right to eviction under Senior Citizen Act, 2007 is the last step, where authority finds that the need of a .....
Tags : Allahabad High Court, Eviction, Senior Citizens
Kerala High Court: Individual Partner Cannot Claim Eviction on Ground for his Occupation of Building(22.10.2019)
Kerala High Court has ruled that an individual partner cannot claim eviction on the ground of bonafide need for his or her occupation of the building .....
Tags : Kerala High Court, Eviction
Delhi High Court Issues Notice to NDMC on Wrongful Eviction of Street Vendors(25.10.2019)
Delhi High Court has issued notice to the New Delhi Municipal Corporation and the SHO Connaught Place Police Station in a public interest litigation c.....
Tags : Delhi High Court, Eviction
Punjab and Haryana HC Upholds Eviction Order Passed Against Son and Wife(28.09.2021)
Punjab and Haryana High Court has upheld an eviction order passed against a son and his wife at the instance of the father under the Maintenance and W.....
Tags : Punjab and Haryana High Court, Eviction Order Passed Against Son and Wife
Mad. HC: Unauthorized Occupant Can’t Claim Protection U/A 21 if Eviction is Lawful(27.11.2023)
Madras High Court has held that once it is found that the petitioner was unauthorisedly occupying the government property and if the procedure of law .....
Tags : Madras High Court, Unauthorized Occupant, Eviction
Supreme Court: Sub-Letting Part of Tenanted Premises Gives Landlord Right Eviction from Whole Premise(14.01.2020)
Supreme Court has interpreted the provisions of Kerala Buildings (Lease and Rent Control), Act, 1965 and observed that the sub-letting of any part of .....
Tags : Supreme Court, Right to Eviction
No Eviction Order Unless Ground Seeking Eviction is Made Out: Supreme Court(16.08.2018)
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 m.....
Tags : Supreme Court, Eviction
Gauhati High Court Orders Eviction of Non-Tribals, Others ‘Ineligible’ from Tribal Belts(02.01.2020)
Gauhati High Court has ordered the eviction of non-tribals and others who are not eligible to hold possession of land in the tribal belts and blocks o.....
Tags : Gauhati High Court, Eviction
Bombay High Court Upholds Maintenance Tribunal's Power to Pass Eviction Orders(02.12.2021)
Bombay High Court has observed that the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can pass an or.....
Tags : Bombay High Court, Power to Pass Eviction Orders
Raj. HC: Tenant Can’t Avoid Eviction by Showing Other Properties More Suitable for Bonafide Use(23.01.2024)
Rajasthan High Court while allowing eviction petition of the landlord has held that bonafide necessity of the premise is to be decided by the landlord.....
Tags : Rajasthan High Court, Bonafide Use, Eviction Petition, Tenancy
Supreme Court Quashes DDA's Eviction Proceedings for Fortis’ Escort Heart Institute(15.11.2019)
Supreme Court has quashed the proceedings for eviction of Fortis Healthcare Ltd’s subsidiary Escort Heart Institute & Research Centre from its premise.....
Tags : Supreme Court, Eviction, Fortis
Supreme Court Upholds Right of NRIs to Claim 'Summary' Eviction Procedure(18.11.2019)
Supreme Court has upheld the constitutional validity of Section 13-B of East Punjab Urban Rent Restriction Act, 1949 which grants Non-Resident Indians.....
Tags : Supreme Court, Eviction
All. HC: Prior Notice to Tenants Not Required if Eviction Appln. is for Personal Use of Premises(10.01.2024)
Allahabad High Court has held that u/s 21(2)(m) of UP Regulation of Urban Premises Tenancy Act, 2021 there is no requirement of prior notice to the te.....
Tags : Allahabad High Court, Eviction, Tenants, Personal Use
SC: Landlord is Not Required to be Unemployed to Seek Eviction on Ground of Bonafide Requirement(04.03.2022)
Supreme Court has observed that a landlord is not required to be unemployed to seek eviction on the ground of bona fide requirement under Section 21(.....
Tags : Supreme Court, Eviction
Judgments
Legal right of residence in property entitled married daughter to seek tenant’s eviction from it for her need(27.09.2016)
In instant case, Appellant is aggrieved by judgment of High Court reversing concurrent findings of Courts below holding that, Appellant’s daughter is .....
Tags : Eviction, Right, Bonafide Need
Eviction can be claimed on ground of default in payment of rent(22.05.2017)
Instant appeal is against judgment passed in eviction wherein suit filed by Respondent herein/Plaintiff was decreed holding that, Plaintiff was entitl.....
Tags : Rent, Payment, Default, Eviction
Pure finding of fact based on appreciation of evidence not to be interfered with, in exercise of jurisdiction(11.12.2017)
Instant appeal has been filed against the judgment of High Court by which judgment High Court has allowed the Revision and set aside the order passed .....
Tags : Eviction, Rent, Recovery
Condition of building is not so essential. If it is shown that building is bona fide required by landlord for immediate purpose of demolition, eviction could be ordered(25.04.2018)
Aggrieved by the order reversing the order of eviction passed by the Rent Controller, Petitioners, who are trustees of Sri Mouna Swamigal Madam, also .....
Tags : Eviction, Bonafide need, Grant
Tenant cannot be evicted for defaulting rent without determination Of ‘Provisional Rent’ by Court(21.08.2018)
In instant appeal, The Appellant-Plaintiff is the landlord of the suit premises, whereas the Defendant is the tenant. The Plaintiff filed Suit for evi.....
Tags : Rent, Determination, Eviction
Unlawful possession of public property without having paid for same tantamounts to unjust enrichment(23.10.2018)
Present appeal is directed against order passed by the High Court wherein without issuance of notice to the Ghaziabad Development Authority ("GDA") an.....
Tags : Unlawful possession, Eviction, Grant
Payment of rent or monetary consideration are not required to be proved by affirmative evidence as same may have been made secretly in case of sub-tenancy(01.02.2019)
The Plaintiff instituted suit against the Defendants for recovery of possession, alleging that Defendant No. 1 remained in arrears of rent and other c.....
Tags : Eviction, Suit premises, Subletting
Revisional power cannot be equated with a power of re-consideration of all questions of facts as a Court of first appeal(07.05.2019)
Present petition challenges the order passed in eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (DRC Act) whereby the lea.....
Tags : Eviction, Bonafide, Legality
Bonafide necessity would lie only if there is a bonafide need as distinct from a mere desire for additional space(18.10.2019)
Petitioner impugns order whereby the leave to defend application of the Petitioner has been dismissed and an eviction order passed. Eviction petition .....
Tags : Eviction, Leave to defend, Entitlement
High Court cannot interfere with finding of fact in revisional jurisdiction unless there is perversity or misappreciation of evidence(08.06.2020)
In the facts of present case, the Appellant is the tenant of two shop rooms-one on the ground floor and the other on the first floor. The tenant is do.....
Tags : Eviction, Revisional jurisdiction, Legality
Supervisory jurisdiction is not available to correct errors of facts or of law unless errors are manifest and apparent on face of proceedings(25.02.2020)
Present petition challenges the order passed by the Trial Court in Eviction Petition under Section 14 (1) (e) and 25(B) of the Delhi Rent Control Act,.....
Tags : Bonafide need, Eviction, Legality
Mere fact that landlords own an another residential house within the city limit does not prohibit landlords to claim eviction of an independent house for their own use and occupation(18.06.2021)
Present Petition has been filed under Order 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 is against the order passed by trial Cou.....
Tags : Eviction, Bonafide need, Legality
Courts cannot ordinarily doubt the bonafide need of landlord nor the Courts can dictate to landlord as to how the premise owned by him should be used(26.07.2023)
The judgment and decree of eviction on the ground of bonafide need passed by the Small Causes Court and confirmed by District Judge vide judgment and .....
Tags : Eviction, Bonafide need, Legality
High Court ought not to re-examine findings of fact in its supervisory jurisdiction, unless they are shown to be manifestly unreasonable or perverse(28.02.2022)
By way of present petition under Article 227 of the Constitution of India, 1950 the Petitioner-tenant assails an order of the learned Principal Distri.....
Tags : Eviction, Jurisdiction, Legality
Court has to consider effect of subsequent development on bona fide need of landlord(07.02.2017)
Instant appeal by way of special leave is preferred against order passed by High Court wherein High Court affirmed order passed by Additional District.....
Tags : Eviction, Bonafide need, Entitlement
Prominent Hotels Ltd. suit for injunction against eviction not maintainable(11.09.2015)
Setting aside the judgment of the trial court, the Delhi High Court pronounced Prominent Hotels’ suit for declaration and injunction against the NDMC .....
Tags : Hotel, eviction, lease, maintainability, suit
Subletting is not permitted by camouflaging it as a partnership(18.07.2017)
In instant case, Petition filed under Section 14 of Delhi Rent Control Act, 1958 by Appellant-Landlord for eviction of Respondents was allowed by Rent.....
Tags : Premises, Sub-let, Eviction
When eviction is sought on the ground of sub-letting, the onus to prove sub-letting is on the landlord(30.08.2017)
Present appeal is against the final judgment passed by the High Court of Delhi whereby learned Single Judge of the High Court allowed the eviction pet.....
Tags : Subletting, Eviction, Grant
Civil suit would be triable by the Civil Court; Arbitrator has no jurisdiction to decide the eviction/rent disputes(12.10.2017)
Present appeal is filed by the Defendant against the final judgment passed by the High Court of Delhi at New Delhi whereby the High Court dismissed th.....
Tags : Eviction, Application, Maintainability
When there is no period agreed upon between the parties, duration has to be determined by referring to the object with which the tenancy is created(17.06.2020)
In present case, an application under Section 13 of East Punjab Urban Rent Restriction Act, 1949 was filed by the Appellant-landlord praying for evict.....
Tags : Eviction, Rent deed, Registration
In the guise of exercising jurisdiction under Article 227 of the Constitution, High Court cannot convert itself into a court of appeal(26.06.2020)
Present appeal challenges the judgment passed by the learned single judge of the High Court thereby, allowing the writ petition filed by Respondent No.....
Tags : Suit premises, Eviction, Jurisdiction
Temporary non-use of premises due to the lockdown cannot be construed as rendering the lease void(21.05.2020)
The present revision petition was filed by the Appellants/Tenants (“Tenants”) challenging the order passed by the learned Senior Civil Judge-cum-Rent .....
Tags : Eviction, Suspension, Rent, Entitlement
Tenants do not have unlimited right to continue to enjoy tenancy in perpetuity(31.01.2020)
Petitioner has challenged an order under which he has been granted a period of seven days by the Assistant Commissioner of Agartala Municipal Corporat.....
Tags : Eviction, Relocation, Legality