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Rent law

K. SUBRAMANIAM (DIED) THROUGH LRS K.S. BALAKRISHNAN & ORS. versus M/S KRISHNA MILLS PVT. LTD.

The High Court correctly exercised revisional jurisdiction in declining to re-appraise concurrent factual findings that the lessee and thereafter the appellants were in wilful default: fair rent had been fixed by the Rent Controller and confirmed on appeal, no stay was sought, payments were partial and belated, the absence of a two months' notice under the Explanation to s.10(2)(i) did not bar a finding of wilful default, and filing appeals without seeking stay cannot be relied upon to avoid payment obligations; accordingly eviction on the ground of wilful default was justified and the appeal…

Source excerpt

  • Eviction
  • Wilful default
  • Fixation of fair rent
  • Judicial finality
  • Effect of interim orders/without prejudice
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Land grabbing law

V. S. R. MOHAN RAO versus K. S. R. MURTHY & ORS.

The appellant was held to be a 'land grabber' because the applicant established prima facie ownership of the land in survey no.9 by title deed and the Commission Report found the appellant occupying the same survey no.9 while the appellant's sale deed described survey no.10; the appellant failed to rebut the presumption after the onus shifted under Section 10 and failed in prior injunction suits, so the High Court judgment upholding his eviction was affirmed.

Source excerpt

  • Adverse possession
  • Burden of proof
  • Mens rea in statutory offences
  • Eviction
  • Interpretation of statute
  • Special court jurisdiction
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Contempt of court

TATA MOHAN RAO versus S. VENKATESWARLU AND OTHERS ETC.

The appellant was rightly convicted for contempt for willfully and deliberately disobeying specific High Court orders and evicting occupants in a manner that undermined the rule of law; however, in view of the severe collateral consequences on his family and children, the conviction is affirmed but the sentence of imprisonment is modified to a reduction in rank and imposition of a substantial fine, to serve both the ends of justice and mitigate undue hardship.

Source excerpt

  • Eviction
  • Demolition
  • Contempt
  • Disobedience of court orders
  • Rule of law
  • Humanitarian consideration
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Public interest litigation

KANIZ AHMED versus SABUDDIN & ORS.

The High Court rightly exercised public interest jurisdiction in directing eviction and demolition of unauthorised construction; courts must adopt a strict approach and not allow regularisation of constructions put up in violation of statutory permissions, consistent with directions in Rajendra Kumar Barjatya (2024 INSC 990).

Source excerpt

  • Unauthorised construction
  • Eviction
  • Demolition
  • Regularisation of buildings
  • Deployment of police force
  • Rule of law
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Civil procedure

RAJIV GHOSH versus SATYA NARYAN JAISWAL

Having regard to the clear and unequivocal admissions in the defendant's written statement which satisfy the factual ingredients of Section 2(g) of the West Bengal Premises Tenancy Act, 1997, the High Court correctly applied Order XII Rule 6 CPC to decree the suit on admission; Rule 6 permits judgment on admissions (including those in pleadings) and is discretionary but properly exercised here to grant the decree and draw a decree under sub-rule (2).

Source excerpt

  • Order xii rule 6 cpc
  • Judgment on admissions
  • Eviction
  • West bengal premises tenancy act, 1997 s.2(g)
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Maintenance and welfare of parents and senior citizens act, 2007

SAMTOLA DEVI versus STATE OF UTTAR PRADESH & ORS.

The High Court was justified in setting aside the Appellate Tribunal's eviction order because the Tribunal did not record reasons showing eviction was necessary or expedient to protect the senior citizen; the son was paying maintenance as directed by the Family Court, portions of title and share claims were pending in civil suits, and the Senior Citizens Act primarily provides for maintenance rather than automatic eviction.

Source excerpt

  • Maintenance
  • Eviction
  • Senior citizen protection
  • Tribunal jurisdiction
  • Appeal
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Slum rehabilitation

MANSOOR ALI FARIDA IRSHAD ALI & OTHERS versus THE TAHSILDAR-I, SPECIAL CELL & OTHERS

The AGRC's 12.06.2019 order dismissing the appellants' challenge attained finality; the appellants' contention that the plot is a MHADA layout requiring redevelopment under Regulation 33(5) has no substance because MHADA consistently stated it was not a MHADA layout and granted a NOC to SRA; the plot is a censused slum (censused in 1981) and therefore falls within the definition of slums under Regulation 33(10) of the DCR so no separate notification under the Slum Act was necessary; appellants were ineligible transit camp occupants who employed dilatory tactics and cannot derail a sanctioned…

Source excerpt

  • Censused slum
  • Slum rehabilitation authority (sra)
  • Redevelopment
  • Slum area
  • Rehabilitation scheme
  • Development control regulations for greater mumbai
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Constitutional law

MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS versus VIVEK V. GAWDE ETC. ETC.

The High Court exceeded its writ and supervisory jurisdiction by framing points for determination in pending summary eviction proceedings and substituting its own role for that of the Inquiry Officer/civil court; orders of the appellate civil court were not maintainable under Article 226 and the High Court should not have framed issues. Eviction inquiries may proceed even without regulations under section 105H so long as principles of natural justice are followed, and institutional bias cannot be presumed merely because the Inquiry Officer is an officer of the Corporation.

Source excerpt

  • Eviction
  • Unauthorised occupants
  • Public premises
  • Inquiry officer
  • Natural justice
  • Writ jurisdiction
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Public premises (eviction of unauthorised occupants) act, 1971

CHANDIGARH ADMINISTRATOR & ORS. & ETC. ETC. versus MANJIT KUMAR GULATI & ORS. & ETC. ETC.

The High Court erred in quashing the resumption and restoring the allotment because the original allottees had defaulted in payment despite show cause notice and multiple opportunities; the allotment was validly cancelled following due process, and the alleged tenant produced no evidence of tenancy and thus had no locus, rendering the tenant's litigation proxy litigation and an abuse of process; accordingly the High Court order was set aside and the appeals allowed.

Source excerpt

  • Allotment of booth site
  • Lease cancellation
  • Eviction
  • Locus standi
  • Proxy litigation
  • Due process of law
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Civil procedure

RAJESH MITRA @ RAJESH KUMAR MITRA & ANR. versus KARNANI PROPERTIES LTD.

The Supreme Court held that the appellants jointly inherited tenancy from their father in 1970 under section 2(h) of the West Bengal Premises Tenancy Act, 1956, and that the 1997 Act did not, by its provisions, clearly and unambiguously operate retrospectively to extinguish those vested rights; further, the courts below erred in decreeing the suit under Order XII Rule 6 CPC based on an alleged admission in an unrelated case because the statement was not an unconditional, unequivocal and unambiguous admission capable of supporting judgment on admission.

Source excerpt

  • Eviction
  • Judgment on admission (order xii rule 6 cpc)
  • Mixed question of fact and law
  • Admission against law
  • Repealed statute versus successor statute
  • Retrospective v. prospective operation of statutes
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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.