Judgment Search Results Home > Cases Phrase: the kerala stay of eviction proceedings bill 2004 Court: supreme court of india Page 1 of about 212 results (0.224 seconds)

K.M. Mathew S/O Palayi Kizhakkekara Mathaiy and anr. Vs. Hamsa Haji S/ ...

Court : Supreme Court of India

Reported in : AIR1987SC1326; JT1987(2)SC520; 1987(1)SCALE1245; (1987)3SCC326; [1987]3SCR109; 1987(2)LC279(SC)

..... who were cultivating land on varam arrangement to be deemed tenants-notwithstanding anything to the contrary contained in any law, or in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, any person who, by virtue of the provisions of section 6 of the kerala stay of eviction proceedings act, 1957, was entitled to cultivate any nilam after the 11th day of april, 1957, and was cultivating the nilam at the commencement of this act, shall be deemed to be a tenant, notwithstanding the expiry of-the term fixed under the varam arrangement.9. ..... or usage, or in any judgment, decree or order of court, any person who on the 1lth day of april, 1957, was in occupation of the land of another and continued to be in occupation of such land till the commencement of the kerala land reforms (amendment) act, 1969, shall be deemed to be a tenant if the court has delivered a judgment or passed an order before the date of publication of the kerala land reforms (amendment) bill: 1968, in the gazette that the occupation by such person was on the basis of an oral permission or an unregistered deed purporting to be a lease deed granted .....

Thayyil Mammo and anr. Vs. Kottiath Ramunni and ors.

Court : Supreme Court of India

Reported in : AIR1966SC337; 1965(0)KLT1196(SC)

..... during the pendency of the appeal to the high court, the kerala stay of eviction proceedings act, 1957 (act 1 of 1957) came into force, and the appeal was stayed under the act. ..... a-3 were duly vested in defendants 1 to 5, and they became the kanomdars, and consequently, they are protected from eviction under the kerala land reforms act, 1963.11. ..... the high court held that consequently defendants 1 to 5 became the tenants of the suit properties, and were entitled to fixity of tenure and protection from eviction under the kerala agrarian relations act.4. ..... this act repealed the kerala agrarian relations act, 1960, and sub-section (4) (iii) of section 132 of the act provided that subject to the provisions of clause (ii), the kerala agrarian relations act, 1960 shall not be deemed to have conferred any right or imposed any liability on any person as if the said act had not been enacted. ..... the definition of kanom in section 2 (22) of the kerala land reforms act, 1963 is for all practical purposes the same as the definition of kanom in section 2 (18) of the kerala agrarian relations act, 1960. ..... the first two courts held that the kanartham in respect of the kanom dated february 5, 1929 exceeded 40 per cent of the value of the jenmi's rights in the holding and accordingly the defendants could not claim any fixity of tenure and protection from eviction under clause (iii) of the second proviso to section 23 read with section 21 of the malabar tenancy act, 1929 (madras act xiv of 1929). .....

P. Kesavan (Dead) Through Lrs. Vs. Ammukutty Amma and ors.

Court : Supreme Court of India

Reported in : AIR1988SC339; JT1987(4)SC575; 1988(1)KLT104(SC); 1987(2)SCALE1311; (1988)1SCC202; [1988]2SCR81

..... the tenant came up before the high court in second revision and the high court after hearing the parties and considering the contentions urged before it, dismissed the revision upholding the order of rent controller, the appellate authority and the district court under section 20 of the kerala building (lease and rent control) act, 1965 that the landlord required the premises for his bona fide need and for self occupation.3. ..... our attention was also not drawn to any decision of the kerala high court which has taken any contrary view. ..... before we proceed further it was pointed out by the counsel for the respondents that in view of the provisions of the said act and in view of the decisions of this court in the case of aundal ammal v. ..... the only contention raised was whether on the second proviso to section 11(3) of the act the landlord was not entitled to eviction. ..... the appellate authority upholding the order of the rent controller, maintained the order of eviction. ..... since the tenants have been in possession of the premises for some time we direct that the decree for eviction shall not be executed till 30.9.1988 provided all the heirs of deceased appellant file an usual undertaking in this court within four weeks from today stating inter alia, as follows:1. ..... the only contention that was urged in the matter was that the landlord was not entitled to eviction under sub-section (3) of section 11. ..... it was submitted that such a need cannot justify in this case the eviction of the tenant. .....

Mukri Gopalan Vs. Cheppilat Puthanpurayil Aboobacker

Court : Supreme Court of India

Reported in : AIR1995SC2272; JT1995(5)SC296; 1995(4)SCALE438; (1995)5SCC5; [1995]Supp2SCR1

..... as a result of the aforesaid discussion it must be held that appellate authority constituted under section 18 of the kerala rent act, 1965 functions as a court and the period of limitation prescribed therein under section 18 governing appeals by aggrieved parties will be computed keeping in view the provisions of sections 4 to 24 of the limitation act, 1963 such proceedings will attract section 29(2) of the limitation act and consequently section 5 of the limitation act would also be applicable to such proceedings. ..... down that where the tenant denies the title of the landlord or claims right of permanent tenancy, the rent control court shall decide whether the denial or claim is bona fide and if it records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a civil court and such court may pass a decree for eviction on any of the grounds mentioned in this section, notwithstanding that the court finds such denial does not involve forfeiture of the lease or that the claim is unfounded ..... (2) on such appeal being preferred, the appellate authority may order stay of further proceedings in the matter pending decision on the appeal. .....

Devaki Antharjanam Vs. Sreedharan Namboodiri and anr.

Court : Supreme Court of India

Reported in : AIR2009SC3149; JT2009(12)SC538; 2009(9)SCALE416; (2009)7SCC798; 2009(8)LC3772(SC); 2009AIRSCW5052

..... we are also conscious of the fact that an affidavit was filed by the respondents herein before the kerala high court on 12th july, 1999 wherein they had given an outline of the eviction proceedings initiated against them by the appellant herein. ..... this appeal is directed against the judgment and order dated 25.5.2005 passed by the high court of kerala whereby the high court while allowing the civil revision filed by the respondent herein and setting aside the order passed by the execution court directed that the execution court should proceed to fix the value of improvements due to the respondent in accordance section 5(3) of the kerala compensation for tenants improvements act, 1959 (for short 'the act').2. ..... however, the executing court took into account the condition of the entire ground floor of the building on the basis of the commissioner's report filed in execution proceedings and its own finding that the entire portion of the ground floor had been completed before the date of the decree in the suit a factor which had escaped the notice of the earlier commissioner and expert appointed by the court for that purpose at the trial stage.10. ..... before we proceed to discuss the rival contentions raised on behalf of the respective parties, we would like to make a reference to the relevant provision of the aforesaid kerala compensation for tenants improvements act, 1959. .....

Ouseph Mathai and ors. Vs. M. Abdul Khadir

Court : Supreme Court of India

Reported in : AIR2002SC110; 2002(1)ALT6(SC); JT2001(9)SC517; 2002(1)KLT3(SC); 2001(8)SCALE110; (2002)1SCC319

..... if an order of eviction has been passed under section 11(2) of the act, the said order and direction shall become executable after expiry of one month form the date of the final order passed by the rent control court, the appellate court or the revisional court, as the case may be, subject, however, to the extension of time granted by of the aforesaid courts and authorities in terms of clause (c) of sub-section (2) of section 11, proceedings under article 227, not being the extension of the proceedings under the act would not automatically authorise thecourt to extend the time ..... assuming jurisdiction and exercising powers under article 227 of the constitution of india, the high court of kerala, vide the order impugned on these appeals set aside the judgment of the appellate authority by which the order passed by the rent control court dismissing the respondents-tenants application under section 11(2)(c) of the kerala building (lease & rent control) act, 1965 (hereinafter referred to as 'the act') had been confirmed. ..... after the dismissal, of the lis, the party concerned is relegated to the position which existed prior to the filing of the petition in the court which had granted the stay. ..... it is settled position of law that stay granted by the court does not confer a right upon a party and it is granted always subject to the final result of the matter in the court and at the risks and costs of the party obtaining the stay. .....

Kamal Tanan (Deceased) by Lrs. Vs. M.L. Vasishta (Deceased) by Lrs.

Court : Supreme Court of India

Reported in : 113(2004)DLT673; (2001)9SCC263

..... in the eviction proceedings out of which this appeal arises, the learned rent controller, after hearing the parties, returned a finding that the partition which had taken place on 19-9-1977 was a sham transaction and since the partition was a sham transaction, the entire property had continued to be joint between the brothers and sisters and the need of the appellant, who was thus the co-owner of the property along with her two brothers and a sister, could not be said to be bona fide as apart from the tenanted ..... that the partition suit had been decreed on 19-9-1977 by the high court is not in dispute and since that judgment and decree had acquired finality, both the learned additional rent controller and the high court while dealing with the eviction proceedings under the delhi rent control act, exceeded their jurisdiction in pronouncing upon the partition decree as sham transaction. ..... the high court, while hearing the revision petition in the eviction proceedings, also fell into a similar error and committed a jurisdictional error in agreeing with the learned additional rent controller to hold that the partition decree was a sham transaction. ..... in this appeal by special leave, the findings recorded by the learned rent controller and the order of the high court of delhi upholding those findings, dismissing the eviction petition filed by the landlord, are put in issue.2. .....

Rashid Wali Beg Vs. Farid Pindari

Court : Supreme Court of India

..... this court held that the waqf act, 1995 does not provide for any proceedings before the tribunal for determination of a dispute concerning the eviction of a tenant in occupation of waqf property or the rights and obligations of the lessor and lessees of such property.3. ..... on revision under section 83(9) of the act, the kerala high court set aside the judgment of the waqf tribunal holding that a suit for perpetual injunction is not maintainable before the waqf tribunal. ..... in the second appeal jumayath palli filed in 1988 which came up for dharas hearing in 2001 after the advent committee of the 1995 act, the high court (2004) 7 scc framed a question with reference 708 to section 85 and held that the civil court had jurisdiction to try the suit.3. ..... (2) except where the tribunal has no jurisdiction by reason of the provisions of sub section (5), no proceeding under this section in respect of any waqf shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding. ..... therefore, a comprehensive bill on waqf matters incorporating the features of the 1954 act and such provisions of the 1984 act in respect of which there was near consensus, was introduced. .....

Padanathil Rugmini Amma Vs. P.K. Abdulla

Court : Supreme Court of India

Reported in : 1996IAD(SC)658; AIR1996SC1204; JT1996(1)SC381; 1996(4)KarLJ72; 1996(1)KLT218(SC); 1996(1)SCALE359; (1996)7SCC668; [1996]1SCR651; 1996(1)LC257(SC)

..... the kerala land reforms act 1964 was in operation at the time when he was evicted on 5.4.1966. ..... the respondent, however, contends that although he was evicted in restitution proceedings, he can nevertheless maintain a suit on title because as a lessee he enjoyed certain protection under the land reform legislation in kerala. ..... this section provides as follows :7 : notwithstanding anything to the contrary contained in section 52 or any provision of the transfer of property act, 1882, or any other law, or in any contract, custom, or usage, or in any judgment, decree or order of court, any person in occupation at the commencement of the kerala land reforms (amendment) act, 1969 of the land of another situate in malabar shall be deemed to be a tenant if he or his predecessor-in-interest was continuously in occupation of such land honestly believing himself to be a tenant for not less than two years ..... abdulla, thereupon filed suit being os 288 of 1966 contending that he was not evicted from the suit property pursuant to the restitution proceedings and there was no re-delivery of the suit property to the tarwad. .....

B. Banerjee Vs. Smt. Anita Pan

Court : Supreme Court of India

Reported in : AIR1975SC1146; (1975)1SCC166; [1975]2SCR774

..... when it observes:proceedings of legislature can be referred to for the limited purpose of ascertaining the conditions, prevailing at or about the time of the enactment in question, which actuated the sponsor of the bill to introduce the same and the extent and urgency of the evil, sought to be remedied.in the statement of objects and reasons of the west bengal premises tenancy (second amendment) bill, 1969, it is stated that it has been considered necessary that some more reliefs should be given to the tenants against eviction. ..... transfers of buildings to this somewhat speculating class increased and the spectacle of eviction litigation or potential eviction proceedings was projected on the urban scene. ..... grounds and for that purpose, the said classification has been made.the conclusion of the court, crystellised in the following words, commends itself to us:taking an overall view of the various considerations, the statement of the minister, the objects of the bill, matters of common knowledge and state of facts, existing at the time of the legislation, it may be well conceived that underlying policy and objects of the amended provision is to give more protection to the tenants against eviction and the classification of landlords into owner-landlords and transferee-landlords is ..... section 13 of the amending act makes, ; expressly applicable to pending actions, so much so the operation of the prohibition is not simply prospective as in the kerala case cited before us (nealctkandhayya .....