Search Results for Tag : Tenancy
International Cases
Landlord’s intention to demolish or reconstruct premises must exist independently of tenant’s statutory claim to a new tenancy(05.12.2018)
Issue in present appeal is regarding qualified security of tenure enjoyed by business tenants, pursuant to Part II of the Landlord and Tenant Act, 195.....
Tags : Tenure, Security, New tenancy, Grant
News
SC: Tenancy Matters Governed Under Transfer of Property Act are Arbitrable(24.12.2020)
Supreme Court has reiterated that the lease/tenancy matters which are not governed under the special statutes but under the Transfer of Property Act, .....
Tags : Supreme Court, Tenancy Matters
Supreme Court: Courts Cannot Interfere With Law Making Powers Under Guise of Judicial Review(09.02.2017)
Supreme Court, while setting aside directions to amend a tenancy law issued by HP High Court, has reiterated that Court in its judicial review cannot .....
Tags : Supreme Court, tenancy law, HP High Court
SC Asks UP Government to Bring Forth State Legislation to Cover Tenancy Laws(05.11.2020)
Supreme Court has observed that the State of Uttar Pradesh has to bring forth its own State legislation so as to cover not only future but past tenanc.....
Tags : Supreme Court, Tenancy Laws
Bombay High Court: Independent Right of Tenancy Cannot be Inherited(08.01.2020)
Bombay High Court has held that an independent right of tenancy cannot be claimed to be inherited merely because the original tenant was a relative.
Tags : Bombay High Court, Tenancy
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
TENANCY - Kerala High Court: Tenant Cannot Question Choice of Landlord to Live in a 'Hut Like Structure'(25.03.2019)
Kerala High Court has observed that a tenant cannot question the choice of a landlord to live in a 'hut like structure' and if the desire of the landl.....
Tags : Kerala High Court, Tenancy
Karnataka HC: Person Working At Mutt Can't Claim 'Tenancy Rights' Over Appurtenant Land(11.01.2022)
Karnataka High Court has observed that a cook, working for the Sr Admar Mutt in Udupi District, cannot claim tenancy rights over appurtenant land whic.....
Tags : Karnataka High Court, Tenancy
Bombay HC: Transfer of Tenancy Does Not Amount to Creation of New Tenancy(24.01.2022)
Bombay High Court have observed that the transfer of tenancy would not amount to the creation of a new tenancy under the Maharashtra Housing and Area .....
Tags : Bombay High Court, Transfer of Tenancy
Cal. HC: Tenant Can’t Deny Landlord's Title at Beginning of Tenancy(12.12.2022)
Calcutta High Court has held that Rule of Estoppel under Section 116 of Evidence Act bars a tenant from denying the title of a landlord in respect of .....
Tags : Calcutta High Court, Tenant, Landlord, Tenancy, Title
Acquisition of Tenancy Right Not Eligible for Capital Gain Exemption: ITAT(01.05.2019)
Income Tax Appellate Tribunal (ITAT), Mumbai has held that the acquisition of the tenancy rights would not amount to purchase or construction of a new.....
Tags : ITAT, Acquisition of Tenancy Right, Capital Gain Exemption
Del. HC: Litigation Related to Tenancy Unfortunately Takes More Than a Decade to Fructify(30.04.2024)
Del. HC while setting aside order of rent controller regarding eviction petitions, has observed that it is unfortunate that tenancy litigation takes m.....
Tags : Delhi High Court, Tenancy, Rent Control Legislations
Single Co-Owner Cannot Terminate Tenancy for Seeking Recovery of Possession: Delhi High Court(24.07.2018)
Delhi High Court has observed that if there are various co-landlords, only one out of them cannot terminate the tenancy for seeking possession of the .....
Tags : Delhi High Court, Tenancy
Judgments
Mere change of user from one commercial activity to another, no ground for claiming ejectment unless caused injury(13.01.2017)
In instant case, Landlady filed a petition for ejectment on grounds that successors-in-interest of original tenant having sub-let premises to Responde.....
Tags : Tenancy, Ejectment, Sub-letting
If the tenancy claim is for any term exceeding one year, the tenancy can be made only by a registered instrument(17.08.2021)
Present appeals are directed against the Orders passed by the Chief Metropolitan Magistrate, rejecting the Application filed by the Appellant herein f.....
Tags : Registered instrument, Requirement, Tenancy claim
Court would intervene only where the view taken and reasoning advanced by the Rent Controller suffers the vice of perversity(29.04.2024)
By way of present petition brought under proviso to Section 25B(8) of the Delhi Rent Control Act, the landlords have assailed order of the learned Ren.....
Tags : Tenancy, Rent Controller, Delhi Rent Control Act, Section 25B(8)
Civil Courts in West Bengal have authority to entertain tenant's application for repair of premises(19.08.2015)
The West Bengal Premises Tenancy Act, 1997 does not exclude jurisdiction of the Civil Court in an application to facilitate urgent repair work. A civi.....
Tags : Tenancy, civil court, jurisdiction
Right to park vehicle not reasonably necessary for enjoyment of tenancy(18.09.2015)
In a case where the Plaintiff had raised dispute to the Defendants’ installation of a gate that prevented her from parking her car, the Court held it .....
Tags : Tenancy, easement, park, vehicle, necessary
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