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Civil procedure

TUSHAR HIMATLAL JANI versus JASBIR SINGH VIJAN & ORS.

The High Court erred in restoring the interim injunction because Respondent No.1 failed to establish a prima facie case as the tenancy claim was sub judice before the Small Causes Court; the balance of convenience favored the Appellant given the small disputed area (550 sq ft of 22,000 sq ft) and existing redevelopment agreements, and the Appellant would suffer irreparable loss; therefore the appeal is allowed, the High Court order set aside, subject to reserving one 550 sq ft unit as security for the pending suit's outcome.

Source excerpt

  • Interim injunction
  • Tenancy dispute
  • Balance of convenience
  • Irreparable harm
  • Family settlement agreement
  • Leave and license agreement
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Civil procedure

ARTI DIXIT & ANR versus SUSHIL KUMAR MISHRA & ORS

The appellants failed to comply with the mandatory proviso to Section 17 because they did not deposit the decretal amount nor furnish acceptable, legally enforceable security prior to or along with the application; the shop offered as surety was owned by the Municipal Corporation and not the surety, hence not enforceable under Section 145 CPC; accordingly the appeal is dismissed.

Source excerpt

  • Setting aside ex-parte decree
  • Security under section 17 provincial small cause courts act, 1887
  • Order ix rule 13 cpc
  • Enforcement under section 145 cpc
  • Deposit of decretal amount
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Landlord and tenant

K. CHINNAMMAL (DEAD) THR. LRS. versus L. R. EKNATH & ANR.

The appeal fails because the substantive Revenue Court order of 04.02.2019 directing payment attained finality as it was not assailed, the appellants did not comply within the time directed (payment was not made within two months of receipt), Sections 3 and 4 of the Act do not protect against eviction for the multi-year default here (three Fasli years) and the COVID-19/limitation orders did not entitle appellants to relief from compliance with the court’s direction; therefore eviction was rightly ordered and confirmed by the High Court.

Source excerpt

  • Eviction under tamil nadu cultivating tenants protection act, 1955
  • Sections 3 and 4 of the tamil nadu cultivating tenants protection act, 1955
  • Superintendence jurisdiction under article 227 of the constitution of india
  • Compliance with court directions and deposit of rent
  • Limitation/extension orders related to covid-19 (discussed)
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Landlord and tenant

MAN SINGH versus SHAMIM AHMED (DEAD) THR. LRS

Where a landlord who had earlier refused to accept rent subsequently serves a notice of demand expressing willingness to accept it, the tenant must tender the rent to the landlord and cannot continue to deposit it in Court under Section 30(1); failure to tender the rent to the landlord after such notice may justify eviction even if the tenant had been depositing the admitted rent in Court. On the facts, although the High Court found the oral enhancement unproved and fixed the rent at Rs.250 per month, the tenant failed to tender that rent to the landlord after notice and the eviction decree w…

Source excerpt

  • Deposit of rent in court
  • Notice of demand
  • Section 30 uttar pradesh urban buildings act 1972
  • Section 20(4) uttar pradesh urban buildings act 1972
  • Oral agreement for enhancement of rent
  • Effect of deposit in court on arrears
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Rent law

ABID-UL-ISLAM versus INDER SAIN DUA

The High Court exceeded its limited revisional jurisdiction under the proviso to Section 25B(8) by effectively treating the revision as an appeal and reappraising evidence; where a Rent Controller has reached a reasonable, non-perverse conclusion that the landlord's plea is bona fide and the tenant's averments are vague, the High Court should not disturb that decision. Accordingly the High Court's order allowing revision is set aside and the Rent Controller's order rejecting leave to defend is restored, with clarification of the standards under Sections 14(1)(e), 25B(5) and 25B(8).

Source excerpt

  • Eviction
  • Bona fide requirement
  • Section 25b(8) revisional power
  • Leave to defend under section 25b(5)
  • Section 14(1)(e)
  • Scope of high court revision
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Landlord and tenant

ASSA SINGH (D) BY LRS. versus SHANTI PARSHAD (D) BY LRS. & OTHERS

Where the tenant genuinely disputes the existence of a landlord-tenant relationship, the validity (legality) of an eviction order under Section 14A of the Punjab Security of Land Tenures Act, 1953 can be examined by a Civil Court despite Section 25; however, a bare or frivolous denial by the tenant should not automatically prevent the revenue authority from exercising its summary powers and the Section 25 protection remains where the authority reasonably concludes the denial to be frivolous or obstructive.

Source excerpt

  • Exclusion of civil court jurisdiction
  • Interpretation of section 25 punjab security of land tenures act, 1953
  • Section 14a evictions
  • Scope of summary proceedings by revenue officer
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Landlord and tenant

NATIONAL COMPANY, REPRESENTED BY ITS MANAGING PARTNER versus THE TERRITORY MANAGER, BHARAT PETROLEUM CORPORATION LTD. & ANR.

Because respondent No.1-BPCL was not in actual physical possession of the premises (having given occupation to a dealer/licensee), it was not entitled to protection under Section 9 of the Tamil Nadu City Tenants Protection Act, 1972; the High Court erred in relegating the appellant to alternate remedy, and this Court directed BPCL to vacate and hand over possession and to pay arrears of market rent and costs.

Source excerpt

  • Tenancy protection under tamil nadu city tenants protection act, 1972
  • Actual physical possession
  • Writ jurisdiction under article 226
  • Eviction and market rent
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Rent control

RAJINDER KUMAR BANSAL & ORS versus MUNICIPAL COMMITTEE & ORS.

Use of land as a club for the construction and use of a pavilion is for the interest of a section of the public and thus falls within the scope of 'rented land' under Section 2(f) of the Haryana Urban (Control of Rent and Eviction) Act, 1973; consequently the ejectment petition under the Act was maintainable and the High Court erred in holding otherwise.

Source excerpt

  • Definition of 'rented land' under section 2(f) of the haryana urban (control of rent and eviction) act, 1973
  • Meaning of 'business' for purposes of rent control statutes
  • Maintainability of ejectment petition
  • Use of land let to a club for construction and use of a pavilion
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Eviction

MADAN MOHAN SINGH versus VED PRAKASH ARYA

The respondent failed to prove tenancy (no rent receipts/accounts and reliance on surmise); the partnership deed executed by the parties and the Chief Administrator's binding finding under Clause 12 that the respondent was a servant established that the premises were not sublet; therefore the respondent was not a tenant and the appellant was entitled to possession and mandatory relief.

Source excerpt

  • Tenancy
  • Subletting
  • Allotment conditions (clause 12)
  • Possession
  • Mandatory injunction
  • Mesne profits
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Lease

INFINITY INFOTECH PARKS LIMITED versus SHIVA JUTE MILLS PRIVATE LIMITED THROUGH CHIEF EXECUTIVE (AUTHORISED SIGNATORY) & ANR.

The High Court order directing restoration of electricity without ensuring payment was set aside; respondent no.1 was directed to pay specified outstanding amounts (lease rent Rs.729,240; maintenance Rs.21,120,000; electricity Rs.10,560,000; total Rs.32,409,240) and to make an initial payment of Rs.10,000,000 within one month, failing which restoration would not be ordered; on receipt of the initial payment petitioner to restore electricity within three days and further payment schedule and monthly billing/deposit obligations were directed as conditions for continued supply.

Source excerpt

  • Sub-lease
  • Maintenance charges
  • Electricity disconnection and restoration
  • Interim relief
  • Arbitration (mentioned)
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.