Advanced Search Results

Smt.Sudha Aggarwal and ors. Vs. Shri Sunil Kumar Jain

Court : Delhi

Subject : Tenancy

Acts : Delhi Rent Control Act (DRC Act) - Section 14(1)(e)

of the defendant was that he was a tenant n his legal right and he had inherited the tenancy from his father; he could not be evicted by way of the present suit. Bar of Section 50 … himself or any member of his family dependent upon him was struck down. The distinction between residential and commercial premises under Section 14 (1) (e) was struck down.7. The suit filed by the plaintiff was seeking possession

Mamta Devi vs.preeti

Court : Delhi

Subject : Education

dismissed the suit for possession and damages. Suit for possession was filed pleading that the tenant, whose contractual tenancy had been terminated in her lifetime, had died and since the legal heir of the deceased tenant was … 7.11.2011 and the respondent/defendant is her daughter. (vi) That the suit property being a shop was used for commercial activities by the deceased Smt. Prem Rani/tenant.3. The limited issue is whether the subject suit for possession will

Prakash Chandra Vs. Bhajan Singh

Court : Rajasthan

Subject : Tenancy

Reported in : 1997(3)WLC501; 1997(2)WLN15

committed default in payment of rent, changed residential accommodation into a commercial accommodation, broken the terms of the tenancy by using the disputed premises for his business activities and built his own suitable residential house where he

Tulsidas Atmaram Shirodkar Alias Narvekar, (Since Deceased) and Others ...

Court : Mumbai Goa

Subject : Education

of the tenancy right? ii) Whether the first appellate Court misdirected itself in concluding that the tenancy was commercial on the basis of the facts that the premises were let out for business purpose and not on … Whether the learned First Appellate Judge District Judge-I, Panaji, erred in holding that the respondent/defendants had inherited the tenancy right in respect of suit shop as legal heirs of deceased late Sakharam Bhikaro Naik and as such

Joaquim Teles Vs. Luis Caetano Guilerme Welington Fernandes e D'Mello ...

Court : Mumbai Goa

Subject : Land Acquisition

upon the judgment of Smt. Purificacao Fernandes (supra) to come to the conclusion that the tenancy was for commercial purpose. The learned counsel further submits that as the appellants had met all the ingredients to come within … such they were associated with the deceased during her lifetime. The learned counsel further submits that the subject tenancy was for residential purpose and consequently, the learned Lower Appellate Court was not justified to rely upon the

Gauri Shanker and Others Vs. Union of India and Others

Court : Supreme Court of India

Subject : TenancyConstitution

Acts : Delhi Rent Control Act, 1958 - Sections 2; Constitution of India - Articles 14 and 21

Reported in : AIR1995SC55; JT1994(5)SC634; 1994(4)SCALE29; (1994)6SCC349; [1994]Supp3SCR244; 1994(2)LC679(SC)

possession of the premises against the petitioners and their mother, suit No. 116/1970. It was alleged that the tenancy was terminated by notice dated 28.7.1969 which expired on 3.9.1969. He claimed that since the statutory tenancy was … AIR1985SC796 , have held that the rule of heritability extends to statutory tenancy whether it is residential or commercial,and the same rule will apply in other States where there is no explicit provision to the contrary. This

Dr. Gopal Dass Verma Vs. Dr. S.K. Bhardwaj and anr.

Court : Supreme Court of India

Subject : Tenancy

Acts : Delhi and Ajmer Rent Control Act, 1952 - Sections 13(1); New Delhi House Rent Control Order, 1939; Defence of India Rules - Rule 81(2)

Reported in : AIR1963SC337; [1962]2SCR678

appears to have taken the premises on lease as early as 1934 although he executed an agreement of tenancy in favour of the appellant on November 8, 1935. This agreement shows that the appellant agreed to let … a building which is, or is intended to be, let separately for use as a residence or for commercial use or for any other purpose. Section 13(1) provides that notwithstanding anything to the contrary contained in any

Gopal Dass and ors. Vs. Shiv Charan Dass Gupta and anr.

Court : Delhi

Subject : Tenancy

Acts : Delhi Rent Control Act, 1958 - Sections 14(l)

Reported in : 36(1988)DLT21

Shri Todar Mal, the present appellants became tenant in the said property. There was no written document of tenancy. The agreed rent was Rs 30.00 per month. It was further averred in the eviction petition:(l) that the … was contended that the suit premises were let out to Shri Todar Mal in the year 1930 for commercial cum residentia1 purpose and were being used as such by the present appellants both for commercial as well

Smt. Savitribai A. Salvi Vs. Smt. Suman Navgire and ors.

Court : Mumbai

Subject : Civil

Acts : Transfer of Property Act, 1882; Provincial Small Causes Court Act, 1887 - Sections 26, 26(1) and 26(2); Bombay Rent Control Act - Sections 12 and 28; Maharashtra Rent Control Act, 1999 - Sections 3(1); Code of Civil Procedure (CPC) - Sections 7 and 47; Constitution of India - Article 227

Reported in : 2009(5)BomCR150

in the State of Delhi. The decree for ejectment was passed by a civil court qua a commercial tenancy in the State of Delhi, before declaration of law by the Supreme Court in Gian Devi Anand v.

Gian Devi Anand Vs. Jeevan Kumar and ors.

Court : Supreme Court of India

Subject : Tenancy

Acts : Transfer of Property Act - Sections 106; Delhi Rent Control Act, 1958 - Sections 2(1)

Reported in : AIR1985SC796; (1985)87BOMLR316; 1985(1)SCALE724; (1985)2SCC683; [1985]Supp1SCR1

brevity hereinafter referred to as the Act), the statutory tenancy to use the popular phraseology, in respect of commercial premises is heritable or not. To state is more precisaly, the question is whether the heirs of a … jurisprudence of this country and has become an expression of common use to denote a tenant whose contractual tenancy has been determined but who is continuing in possession of the premises by virtue of the protection against