Court : Supreme Court of India
Reported in : AIR1967SC92; [1966]3SCR926
Hidayatullah, J. 1. This is an appeal by special leave against an order of the High Court of Assam dated August 14, 1959 rejecting summarily an appeal in an execution case. The appellants against whom the decree for ejectment is being executed are the widow and son of one Maliram Agarwala whose father Arjun Das had taken on lease the suit land from one Mohd. Soleman, predecessor-in-interest of the respondents. The decree was passed as far back as November 28, 1950 in a title suit filed against the appellants and was later confirmed by the High Court. 2. The present execution began on August 16, 1954 and was pending in the court of the Subordinate Judge, L.A.D., Gauhati when the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 (Assam Act 12 of 1955) came into force from June 26, 1955. The appellants thereupon claimed the benefit of s. 5 of the Act which grants protection from eviction to tenants, under certain circumstances. The execution Court heard arguments and on November 12, 19...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1003; [1966]2SCR544
Sarkar, J. 1. This appeal was filed with special leave of this Court granted on August 14, 1964. Various interesting questions of law were sought to be raised on behalf of the appellant but in our view they do not arise at this stage. The appeal must be confined to the points decided in the courts below. 2. The case appears to us to be somewhat out of the ordinary. One Mehtab Singh was the owner of a certain building known as Akbar Building, situate in Mohalla Ganda Nala, Gali Rajan, Delhi. The appellant was a tenant under him in respect of certain accommodation in the building. On June 3, 1955, Mehtab Singh filed a suit under the Delhi and Ajmer Rent Control Act, 1952 against the appellant for his ejectment. On October 11, 1956 that suit was decreed. The appellant filed an appeal against that decree which, however, was dismissed on March 27, 1957. He thereafter moved the High Court of Punjab in revision but here also he was unsuccessful. The precise date of the dismissal of the applic...
Tag this Judgment!Court : Delhi
Reported in : 9(1973)DLT491; 1973RLR509
S.N. Shankar, J. (1) This revision has been referred for decision by a larger bench because of divergence of views expressed in the cases- Vas Dev v. Sohan Singh and others (1968) D.L.T. 492 and Inder Lal Sapra v. Brij Mohan (S.A.O. 300 of 1971) decided on May 24, 1972 on the question whether a judgment-debtor tenant.. during execution of the decree for eviction against him, on the ground of personal bona fide need of the landlord, can agitate the question that the need of the landlord had ceased to exist and, thereforee, the decree was inexecutable. (2) In a suit for eviction filed by the respondent (hereafter called 'the landlord') under the Delhi and Ajmer Rent Control Act. 1952 (hereafter called 'the 1952 Act') for eviction of the appellant (hereafter called 'the tenant') on the ground that the premises were required by him bona fide, the trial court on December 21, 1955 granted a decree for eviction in his favor on the basis of a compromise. According to the compromise, the decree...
Tag this Judgment!Court : Kolkata
Reported in : AIR1981Cal428
ORDERDipak Kumar Sen, J.1. The plaintiff is the Receiver appointed in Suit No. 1683 of 1964 (Sitaram Dehi v. Basdeo Dehi & Ors.) inter alia, over premises No. 13, Pretoria Street, Calcutta (hereinafter referred to as the said premises).2. M/s. Loch Lomond Lodge (P) Ltd., the defendant, was a monthly tenant of the said premise's at a rent of Rs. 885.50 per month payable according to the English Calendar.3. The plaintiff has instituted this suit against the defendant for eviction on the grounds of wrongful addition and alteration to the premises and wrongful sub-letting. The plaintiff also claims mesne profits and damages.4. The plaintiff alleges that since the institution of this suit a number of challans in respect of rent deposited by the defendant have not been received from the Rent Controller Calcutta between January 1968 till October 1972 and that the defendant has not also made any deposit of rent in this Court -- during the said period.5. It is contended that the deposits of ren...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP316; 1991(0)MPLJ418
Faizanuddin, J. 1. This Letters Patent Appeal under Clause 10 of the Letters Patent of Madhya Pradesh High Court by the defendants has been directed against the orders passed on 29-6-1990 to 11-7-1990 by the learned single Judge of this Court in Misc. Appeal No. 227 of 1990.2. The facts in brief giving rise to this appeal may be stated thus: The Indian Olympic Association/respondent No. 3, herein, is a Society registered under the Societies Registration Act. It consists of various Federations which are affiliated with the Indian Olympic Association. The Management of the Indian Olympic Association (hereinafter referred to as the 'I.O.A.') is controlled by a duly elected Executive Council in accordance with rules for a term of 4 years. A Special General Meeting may be summoned at any time by the President of I.O.A. at his discretion or it is convened on a written requisition signed by the Presidents and Secretaries of not less than 15 Member-Units within one month from the date of recei...
Tag this Judgment!Court : Punjab and Haryana
G.S. Sandhawalia, J. Challenge in the present revision petition, filed by petitioner-tenant, is to the order dated 29.09.2011 (Annexure P1), whereby the Civil Judge (Jr.Divn.) Gurgaon has dismissed the two applications filed under Order 7 Rule 11 and Order 6 Rule 17 CPC, as the applications had been filed on the ground that the Haryana Municipal Corporation Act, 1994, had been made applicable to the area where the suit property is situated w.e.f. 02.06.2008 and as such, the same could not effect the litigation already initiated. Reliance was placed upon the judgment of the Apex Court in Mansoor Khan Vs. Moti Ram Harbhajan Kharat AIR 2002 SC 2396. An earlier application had also been dismissed on 05.08.2010 and the proposed amendment in the preliminary objection No.5 could not be allowed as it would lead to framing of a new case and controvert the admission made in para No.6 of the amended written statement. The respondent-landlady filed a civil suit on 25.07.2007 (Annexure P9) for poss...
Tag this Judgment!Court : Kolkata
Reported in : AIR1977Cal199,(1977)1CompLJ175(Cal),82CWN252
M.N. Roy, J.1. This appeal from appellate decree is directed against the judgment and decree dated August 30, 1970, made in Title Appeal No. 337 of 1970 by Shri S. K. Dutta. Additional District Judge, 1st Court, Alipore, affirming thereby the judgment and decree dated January 30, 1970, made in Title Suit No. 234 of 1968, by Shri D. K, Panda, Munsif, 2nd Court, Alipore.2. The plaintiff-respondent, being the owner of the premises in suit brought the Title Suit in question against the defendant appellant for recovery of khas possession by eviction and for mesne profits and also for compensation for damages Caused to the same. It was alleged that the defendant appellant was a tenant in respect of two bed rooms, one privy and one verandah at a monthly rent of Rupees 35/-, payable according to English calendar month. It was contended that the tenant defendant broke open a portion of the wall in between the bed rooms of his tenancy, made a hole in the wall of the privy and broke other portion...
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR2088; 2002(2)KarLJ292
Kumar Rajaratnam, J. 1. All the appellants are tenants except the appellant in W.A. No. 62 of 1999 is a Charitable Trust. However, all the appellants challenge the constitutional validity of Section 2(7)(b)(iii) and (iv) and the Explanation thereto of the Karnataka Rent Control Act, 1961.2. The learned Single Judge by an order dated 17th of December, 1997 disposed of a batch of writ petitions upholding the constitutional validity of the impugned sections.3. Aggrieved by the order of the learned Single Judge these writ appeals have been filed.4. These writ appeals appear to be an exercise in futility since the introduction of the Karnataka Rent Act, 1999. The Rent Act received the assent of the President on 22nd day of November, 2001 (Karnataka Act No. 34 of 2001). It was published in the Gazette on 27th of November, 2001 and came into force by a Notification dated 5-12-2001.5. Section 70 of the Rent Act repeals the Karnataka Rent Control Act, 1961 (Karnataka Act No. 22 of 1961), Sectio...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj123
Wanchoo, C.J. 1. This Is an application by Atmaram under Article 226, Constitution of India for issue of a writ of certiorari or mandamus against the Additional Commissioner Udaipur, and the Rent Controller, Udaipur.2. The case of the applicant is that he took a shop on lease from Shyamlal who has also been made a party to his application. Shyamlal made an application under the (former) United State of Rajasthan Buildings (Lease and Rent Control) Ordinance No. 22 of 1948 before the Rent Controller, Udaipur, on 9th December 1950. That application was decided on 28th September 1951, by which date the Rajasthan Premises Control of Rent and Eviction Act (17 of 1950) had come into force. The applicant filed an appeal before the Commissioner, as provided in the (former) United State of Rajasthan Buildings (Lease and Rent Control) Ordinance (No. 22) of 1948. He also took the precaution of filing an appeal before the District Magistrate under Section 22 of Act 17 of 1950. The appeal before the...
Tag this Judgment!Court : Delhi
Reported in : 13(1977)DLT323
T.V.R. Tatachari, C.J. (1) This Writ Petition has been filed by the petitioners, Shri Muni Lal Vohra and Shri Hira Lal Vohra, praying that the order (Annexure A.6), dated 19th June, 1974, whereby the Assistant Assessor and Collector, Delhi Municipal Corporation, enhanced the rateable value of the property No. 2537/X, known was RamJas Building, Asaf Ali Road, New Delhi, from Rs. 44,010 to Rs. 82,350 as well as the order of Shri O. P. Singla, Additional District, Judge, Delhi, dated 23rd April, 1976, upholding on appeal the aforesaid order of the Assistant Assessor and Collector be quashed. The Delhi Municipal Corporation has been imp leaded as the first respondent and Shri O. P. Singia has been imp leaded as the second respondent.(2) The petitioners are the owners of the aforesaid Ramjas Building situated on Plot No. Ii, Block No. Iv, Asaf Ali Road, New Delhi, which bears the Municipal No. 2537/X. The petitioners let out the entire ground floor of the building with attached bath and lav...
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