Court : Andhra Pradesh
Reported in : 2000(4)ALD293; 2000(4)ALT56
..... of the assam non-agricultural urban areas tenancy act, 1955 on the pending proceedings and held as follows:'....if the legislature had intended to this protection should operate prospectively, it would have been easy to say that the tenant shall not be sued in ejectment, such an expression would have indicated that the protection as afforded to the suits brought after the act came into force ..... determined the lease by giving fifteen days notice, the period of notice requiring by the end of month of tenancy 31-10-1995 as contemplated under section 106 of the transfer of property act and asking the tenants-defendants to handover the vacant possession of the suit premises at the end of expiry of notice period, failing which, appropriate proceedings will be initiated for claiming damages for use ..... whether the civil court has got jurisdiction to entertain the suit; (2) mere accepting the rent after expiry of the lease period whether amounts to renewal of the lease; and whether the defendants-tenants are entitled for renewal of the lease as claimed by them in the counter claim; (3) whether the notice terminating the lease is in accordance with law or not; (4) whether the ..... subject, the apex court held as follows:'that is not the situation in the present case where the tenant who undoubtedly had the rights and remedies under the act to claim reliefs against the landlord, lost the same the moment the protection was taken away, the rights and ..... the delhi high court considered the tenants right ..... .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(4)ALD495; 2006(3)ALT740
..... kalyan chakravarthi, the learned counsel for the landlady, made the following submissions:the learned counsel would maintain that though there is some controversy between landlady and tenant relating to the actual reckoning of the period of wilful default, whether it is six months or four months, the fact remains that for a particular period default had been committed. ..... hence, after initiation of the action for eviction on the ground of wilful default the mere fact that the deposits were made by the tenants at the best may be taken as one of the circumstances but the same cannot be taken advantage so as to defend the ground of wilful default or to ward off a blow of eviction arising out of the ground of ..... urban buildings (regulation of letting, rent and eviction) act, 1972 and such provision is not there under this act and hence those decisions are distinguishable and at any rate, they need not be followed while deciding a case under this act, the learned counsel also relied upon several decisions and would comment that the mere making of a subsequent deposit after filing of the eviction petition cannot in any way help the tenants ..... arrears from november, 2001 to july, 2002, the relief of eviction cannot be granted to the landlady in the ..... the conclusion that the landlady failed to establish that the tenants committed wilful default and ultimately negatived the relief. ..... principal rent controller at secunderabad praying for the relief of eviction on the ground of wilful default ..... relief .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD19; 2004(3)ALT488
..... sri vijay kumar, learned government pleader for assignments submits that when the proceedings under the act are only at the stage of enquiry under section 8 of the act, the question of the government having any right to allot pattas in respect of the land, ..... and the government is inclined to accede to their request, it is impermissible in law, for them, to undertake any exercise in respect of the land referred to above, as long as it is not vested in the government under section 10(3) of the act in that view of the matter, no relief can be granted to the petitioners at this stage. ..... the scheme of this act, the owners as well as protected tenants are entitled to share ..... late sri ram singh was declared as protected tenant in respect of this land, under the provisions ..... the gist of their contention is that, the proceedings in respect of that land under the act are pending at the stage of enquiry under section 8, on remand by the appellate authority, and unless the land in its entirety, or in part, is declared as excess and vested in the government, the question of allotment of the ..... the land in survey numbers referred to have was declared as surplus, under the provisions of the urban land (ceiling and regulation) act, 1976 (for short 'the act'), and thereby, vested in the government. ..... nos.65 to 78; 82,122,123 to 125 of saidabad village and mandal, admeasuring about 52 acres, is within the urban agglomeration, the land was initially held by one mr. ..... area) tenancy and agricultural holdings act, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(5)ALD73; 1998(4)ALT554
..... should be read as a pre-condition for taking valid possession of the land under section 17(1) and in the absence of tender of eighty percent of the amount, the take over of possession by the collector is not a valid act and does not have the effect of vesting the land absolutely in the government, the possession contemplated by section 17(1) must be such that has been taken over after complying with sub-section (3-a). ..... in satendra prasad jain's case (1 supra), the state tried to take shelter under section 11(a) of the act to repudiate its obligation to pass the award for the land of which possession had been taken after invoking the urgency clause ..... the writ petitioners-respondents now seek the relief that the award should be set aside and a fresh award should be directed to be passed fixing the market value on the basis of the third notification published ..... 11(a) can have no application to cases of acquisitions under section 17 because the lands have already vested in the government and there is no provision in the said act by which land statutorily vested in the government can revert to the owner'.6. ..... premise that acquisition proceedings have lapsed by virtue of section 11a of the act, a second notification was published under section 4(1) in the gazette dated 21-4- ..... want of clearance from the urban land ceiling authority and for want of funds to be provided by the requisitioning department, the award was not passed within the time - limit contemplated by section 11a of the act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(6)ALT164
..... forum, and that the defendant may show that the plaint is a mere camouflage to circumvent the jurisdiction of the special tribunal, and if the court is satisfied that the allegations in the plaint and the reliefs sought do not bring the action within the jurisdiction of the special tribunal, and if the defendant is unable to show that the action is a mere camouflage, the jurisdiction of the civil court cannot ..... that since 1956 act is a self contained code and lays down the procedure and the forum for obtaining the relief of recovery of possession of the land from tenant by a landlord, jurisdiction of the civil court to grant the relief of recovery of possession of the land from a tenant to the ..... declaration of her title to the suit land and took a specific plea that she leased out the suit land to the appellant, the provisions of the andhra pradesh (andhra area) tenancy act, 1956 (1956 act), come into play and so the tenancy court only, but not the civil court, that can grant the relief of possession sought by the respondent. ..... because the stamp paper is dated 6-10-1961, but the document is dated 18-4- ..... stamps are purchased in 1961, the document could not ..... ex.b-2, mahalakshmamma, who is closely related to the appellant, gifted the vested remainder in some of her properties to the appellant under the original of ex.a-5 (registered settlement deed dated 10-10-1961). ..... 18-4-1959 is doubtful because the stamps used therefor were purchased in the name of challa mahalakshmamma on 6-10-1961. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT71
..... regulate and penalize the constructions of buildings, made by owner, or by an individual as the case may be unauthorisedly or in deviation of the sanctioned plan as on the date of commencement of the andhra pradesh municipal laws and urban areas (development) (second amendment) act, 2008 as a one time measure, as per the procedure and by levying such penal amount as may be prescribed and upon payment of such amount, all pending or contemplated proceedings and action of enforcement shall be deemed to ..... of the decisions referred to above the supreme court had occasion to consider section 14(1)(e) of the delhi rent control act, 1958 making distinction between premises let for residential and non-residential purposes by restricting landlord's rights to seek eviction of tenant from premises let for residential purposes only. ..... 112 and 113 dated 31.01.2008 and the substance of the relief coupled with the averments in the affidavit show that they are aggrieved by the lay-out regularization scheme ..... the relief sought for in this writ petition is seeking to declare the inaction of the second respondent - ghmc in not taking steps to remove unauthorized constructions contrary to the sanction plan as illegal and sought implementation of general directions of hyderabad urban development authority (huda) addressed to the second respondent to take action against the ..... learned counsel for the parties to make submissions with regard to the said amended relief and as such the application is allowed. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1997]227ITR68(AP)
..... question is referred to this court for opinion, at the instance of the revenue, under section 256(1) of the income-tax act, 1961, for short 'the act' 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in law in holding that the assessee was entitled to depreciation under section 32 of the income-tax act, on a flat which was not transferred in its name ?' 2. ..... that the dealing with the property by the corporation in such circumstances would have to be on its own behalf and not on behalf of the state government, which under section 53a of the transfer of property act stands debarred from enforcing any rights in respect thereof against the corporation. ..... for purposes of claiming benefit under section 32 of the income-tax act, the requirement of ownership by the assessee will be deemed to be fulfilled if the assessee has the dominion and control over the property in his own right and not in the ..... counsel for income-tax submits that for purposes of claiming relief under section 32 of the act, the assessee must be the owner of the property and as title has not been conveyed to the assessee of the flats in question, the tribunal ought not to have granted relief to the assessee. 4. ..... the corporation claimed depreciation under section 32 of the act in respect of the building taken over by it from ..... contention of learned counsel for the revenue it is useful to read section 32 of the act in so far as it is relevant for our purpose : '32. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALT551
..... in sekhar chand swami's case (1 supra) and chittaranjan ghosh's case (2 supra) while interpreting similar provisions in the assam urban areas rent control act, it was held that if the tenant fails to pay process fee along with notice copy for service of notice on the landlord regarding the deposit of rent into the court, the tenant becomes a wilful defaulter, enabling the landlord seeking his eviction from the demised premises. ..... therefore, the finding of the learned rent controller that since there is no evidence to show that any date was fixed for payment of monthly rents, the tenant as per section 10(2) of the act can pay or tender rent by the last day of the month next following that for which the rent is payable is not sustainable, and therefore is set aside for the reason that r.w.i clearly admitted in his ..... buildings (lease, rent and eviction) control rules, (for short 'the rules') notice of deposit has to be given to the landlord and since no such notice is given, the deposit cannot be said to be a valid deposit, relieving the tenant of the consequence of being a wilful defaulter under the act and so it should be held that the appellant is entitled to seek eviction of the respondents. ..... the position of the tenant who is either a petitioner or a respondent in any proceedings before the rent controller under the provisions of the act cannot be better than the position of a tenant against whom no proceedings are pending. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD398; 2003(1)ALT182
..... 3, till the government issued draft notification under the urban areas development act, the land was treated as agricultural land by all the revenue authorities and the government and nobody was in doubt about this fact. ..... sections 6 to 8 deal with registration of inamdar, kabiz-e-kadim, permanent tenants, protected tenants, and non-protected tenants as occupants of the inam land, which stood vested in the government from the date of vesting. ..... the apex court categorically heldthat section 22 of the income tax act,1961 does not require registration of saledeed. ..... instead of undergoing the normal procedure, the respondents herein directly approached the high court for the reliefs sought for by them.49. ..... sood, : [2000]245itr727(delhi) , have held thatregistration of the document is notmandatory for claiming depreciation on theproperty.......42. ..... commissioner of income tax : [2002]254itr22(delhi) , a division bench of delhi high court considered the question as to whether there could be valid purchase of immoveable property under the agreement of sale for claiming exemption under section 54 of the income tax act. ..... the delhi high court referred to among others the decision of the apex court in podar cement private limited (supra), and observed as under:....the question now is no longer resintegra having to the decision of the apexcourt in cit v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP445
..... the counsel also relied on the definition of 'agriculturist' in the madras agriculturists' relief act. ..... 35 filed affidavits, but the lower court did not rely upon them on the ground that it is their mere ipse dixit.a further contention is now raised on behalf of the respondents (decree-holders) that affidavits cannot be acted upon in execution petitions which are original proceedings, and not interlocutory applications. ..... ran mahmud, 20 cal wn 874: (air 1916 cal 891 (1)), : [1961]2scr163 , ilr 1937 mad 777 : (air 1937 mad 551) (fb), shiamlal v. ..... they had no lands either as owners or as tenants but they work for others. ..... mohanlal, air 1938 nag 366 where it is laid down that a person who cultivates the land as a labourer, though neither a land owner nor a tenant, is an agriculturist. ..... 'in ilr 41 bom 475: (air 1917 born 253) it was held that a person who has become mere labourer is, being a person engaged in cultivating the soil, an agriculturist though he owns no land and is not a tenant. ..... bhalachandra, : [1961]2scr163 . .....
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