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Madhya Pradesh Accommodation Control Act, 1961

50 judgments · newest first · showing 1–50

HEERA TRADERSversusKAMLA JAIN

2022 INSC 219Case Partly allowed

Heera Traders and another appealed against a decree of eviction passed by the trial court under the Madhya Pradesh Accommodation Control Act, 1961. The landlord, Kamla Jain, sought possession of non‑residential premises and mesne profits, while the tenants argued that Section 13 of the Act, which …

HUKUM CHANDRA (D) THR. LRS.versusNEMI CHAND JAIN & ORS.

2018 INSC 1208Dismissed

The appellant, a tenant of a shop in Muraina, Madhya Pradesh, faced an eviction suit filed by the landlord under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming the premises were needed for his son Rajendra Kumar's utensil business. The trial court dismissed the …

BISMILLAH BE (DEAD) BY LRS.versusMAJEED SHAH

2016 INSC 1073Appeal(s) allowed

The appellant, a co‑owner of a house in Jabalpur, proved her title to the suit property through a series of registered sale and partition deeds and served a quit notice on the respondent, who had been a tenant of the original owner, Rai Bahadur Motiram Mathuradas. The respondent denied any …

SHIVSHANKAR GURGARversusDILIP

2014 INSC 4Appeal(s) allowed

Shivshankar Gurgar, a landlord, filed a suit under Section 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961 for eviction of his tenant Dilip for arrears of rent. The parties entered into a compromise decree whereby the tenant would pay the arrears within six months, failing which the …

TRIBHUVANSHANKARversusAMRUTLAL

2013 INSC 754Appeal(s) allowed

The plaintiff, Tribhuvansankar, purchased a property and sued the defendant, Amrutlal, under the Madhya Pradesh Accommodation Control Act, 1961 for eviction and mesne profits. The defendant denied any landlord‑tenant relationship and pleaded adverse possession, claiming 18‑19 years of uninterrupted …

D.V. PAULversusMANISHA LALWANI

2010 INSC 528Disposed off

The tenant, D.V. Paul, was ordered by the High Court to deposit Rs.10,000 in the trial court as compensation, failing which an eviction decree would follow. He mistakenly sent a demand draft directly to the landlord instead of depositing it in court, and later sought an extension of time to make the …

SAMEER KUMAR PAL & ANOTHERversusSHEIKH AKBAR & OTHERS

2010 INSC 451Appeal(s) allowed

The appellants, owners of Shop No.1214 in Jabalpur, filed an eviction suit under sections 12(1)(c), (f) and (g) of the Madhya Pradesh Accommodation Control Act, 1961. The respondents contended that the suit property was a Wakf property and, later, claimed it was a joint family property, though no …

RAM BABU AGARWALversusJAY KISHAN DAS

2009 INSC 1173Appeal(s) allowed

The landlord, Ram Babu Agarwal, filed an eviction suit against tenant Jay Kishan Das under the Madhya Pradesh Accommodation Control Act, 1961, alleging default in rent and a bona‑fide need for the premises. The High Court held that the tenant had fully paid the rent as ordered in a revision …

KUSUM DEVIversusMOHAN LAL (DEAD) BY LRS

2009 INSC 463Appeal(s) allowed

Kusum Devi, the landlady, filed a suit for eviction of tenant Mohan Lal under sections 12(1)(e) and 12(1)(g) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bona‑fide need for residential occupation and for repairs because the premises were unsafe. The trial court and the first …

SULOCHANAversusRAJINDER SINGH

2008 INSC 716Appeal(s) allowed

The appellant, a widow who purchased a shop in 1996, filed a composite eviction suit against the tenant for default in rent, denial of title, and her bona‑fide requirement to use the premises for her son’s business. The trial court and the first appellate court allowed the suit, but the High Court …

SOBHAGYAMAL & ANR.versusGOPAL DAS NIKHRA

2008 INSC 240Disposed off

The landlord filed an eviction suit against the tenant under the Madhya Pradesh Accommodation Control Act, 1961 on grounds of default in rent, sub‑letting and later bonafide necessity. The tenant was given protection under s.12(3) and the first suit was decreed on bonafide necessity, not on arrears …

TARA CHANDversusSAGARBAI @ CHAIYALIBAI

2007 INSC 541Dismissed

The appellant, a tenant, executed a registered usufructuary mortgage deed with the respondent, the landlord, allowing the appellant to occupy the ground floor in lieu of interest for ten years. After the ten‑year period the respondent filed a suit for redemption and possession, which the trial court …

PRATAP RAI TANWANI AND ANR.versusUTTAM CHAND AND ANR.

2004 INSC 503Dismissed

The landlord filed an eviction suit under the Madhya Pradesh Accommodation Control Act, 1961 alleging default in rent, illegal sub‑letting and a bona‑fide requirement for the premises. The trial court and the first appellate court upheld the landlord’s claim of genuine need and decreed eviction. On …

SHAKUNTALA BAI AND ORS.versusNARAYAN DAS AND ORS.

2004 INSC 339Appeal(s) allowed

The appellants, heirs of Girdhari Lal Gattani, filed a suit in 1962 under the Madhya Pradesh Accommodation Control Act, 1961 seeking eviction of the respondents, tenants, on the ground of bona fide requirement of the landlord for non‑residential premises. The suit was decreed, but the tenants …

PARVINDER SINGHversusRENU GAUTAM AND ORS.

2004 INSC 305Appeal(s) allowed

The landlord of a shop in Shimla sued the widow and minor son of the deceased tenant for eviction under Section 14(2)(ii)(a) of the Himachal Pradesh Urban Rent Control Act, 1987, alleging that the tenant had sublet the premises to a partner and that the subletting continued after his death. The Rent …

PARWATI BAIversusRADHIKA

2003 INSC 272Appeal(s) allowed

The appellant, a lessee of a non‑residential municipal premises, sub‑let the property to the respondent and later served a notice under Section 106 of the Transfer of Property Act to terminate the tenancy for non‑payment of rent and self‑occupation. The respondent filed an eviction suit which was …

RAMGOPAL AND ANR.versusBALAJI MANDIR TRUST AND ORS.

2003 INSC 107Dismissed

The Balaji Mandir Trust, a religious institution registered under the Madhya Pradesh Public Trust Act, filed an eviction suit against tenants Ramgopal and others, relying on a notification issued under Section 3(2) of the Madhya Pradesh Accommodation Control Act, 1961 that exempted trust properties …

IMDAD ALIversusKESHAV CHAND AND ORS.

2003 INSC 105Appeal(s) allowed

The landlord of a shop in Neemuch sued the heirs of the original tenant for eviction after they defaulted on rent. The original tenant, Badri Lal, had previously avoided eviction by invoking the proviso to sub‑section (3) of section 12 of the Madhya Pradesh Accommodation Control Act, 1961, and …

DHANNALALversusKALAWATIBAI AND ORS.

2002 INSC 289Dismissed

The Supreme Court considered appeals by two tenants who were evicted from two shops in Indore after the widow of the former owner and her two sons filed eviction applications before the Rent Controlling Authority (RCA) under the Madhya Pradesh Accommodation Control Act, 1961, claiming bonafide …

SHEELA AND ORS.versusFIRM PRAHLAD RAI PREM PRAKASH

2002 INSC 116Disposed off

The case concerned a suit for eviction of a tenant (Sheela et al.) by a partnership firm claiming to be the landlord of a shop premises under the Madhya Pradesh Accommodation Control Act, 1961. The tenant contested the eviction, arguing that the firm was not the owner and that his written statement …

ASHOK KUMAR GUPTAversusVIJAY KUMAR AGRAWAL

2002 INSC 111Dismissed

The appellant, a tenant, filed a suit for injunction against the respondent landlord. The landlord filed a counter‑claim under Order VIII, Rule 6 of the CPC invoking Section 12(1)(e) of the Madhya Pradesh Accommodation Control Act, seeking eviction on the ground of bona‑fide personal requirement. …

R.C. TAMRAKAR AND ANR.versusNIDI LEKHA

2001 INSC 512Appeal(s) allowed

The respondent landlady sued the appellant tenant for eviction and recovery of rent arrears, invoking bona‑fide requirement under the Madhya Pradesh Accommodation Control Act, 1961. The trial court found a landlord‑tenant relationship, held the tenant in arrears and the landlady’s need bona‑fide, …

LEELA SONI AND ORS.versusRAJESH GOYAL AND ORS.

2001 INSC 419Dismissed

The landlord filed an eviction suit against the tenant under the Madhya Pradesh Accommodation Control Act, 1961 on grounds of rent default and unauthorised occupation of a portion of the premises. The trial court decreed eviction, but the first appellate court reversed, erroneously requiring the …

DEENA NATHversusPOORAN LAL

2001 INSC 292Dismissed

The appellant-landlord filed an eviction suit against the tenant under Sections 12(1)(a) and 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming default in rent and a bonafide requirement to use the shop for his son’s business. The trial court dismissed the rent default claim …

JAMNALAL AND ORS.versusRADHESHYAM

2000 INSC 224Appeal(s) allowed

The landlords owned a property in Ujjain and let three rooms to the tenant at Rs.60 per month. The tenant defaulted on rent for March‑July 1976 and produced forged receipts; the landlords gave notice of termination for arrears and nuisance and sued for eviction under Section 12(1)(a) of the Madhya …

RAGAVENDRA KUMARversusFIRM PREM MACHINERY AND CO.

2000 INSC 10Appeal(s) allowed

The appellant-landlord filed an eviction suit under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bonafide requirement to use the premises for a motorcycle showroom. The trial court held that the landlord needed the premises and that no other suitable shop was …

PREM NARAYAN BARCHHIHAversusHAKIMUDDIN SAIFI

1999 INSC 303Appeal(s) allowed

The landlord (appellant) sought eviction of a tenant from two shops under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bonafide requirement to start a business for his unemployed son and asserting that he had no other suitable non‑residential accommodation. The …

PAWAN KUMAR GUPTAversusROCHIRAM NAGDEO

1999 INSC 195Appeal(s) allowed

The appellant, P.K. Gupta, purchased a shop‑godown from Narain Prasad and sued the tenant, R. Nagdeo, for eviction under the Madhya Pradesh Accommodation Act for default in rent. The tenant contended that the sale deed was a benami transaction, alleging that the appellant was merely a name‑lender …

BETIBAI AND ORS.versusNATHOORAM AND ORS.

1999 INSC 103Dismissed

Babulal, a tenant of a shop owned by the Phool Maliyan Samaj Mandir Trust, had his tenancy terminated by a notice under Section 106 of the Transfer of Property Act, 1882 but refused to vacate. The trustees filed an eviction suit, contending that the property was exempt from the Madhya Pradesh …

ANOKHE LALversusRADHAMOHAN BANSAL AND OTHERS.

1996 INSC 1265Appeal(s) allowed

The landlord filed an eviction suit against a partnership firm. The son of a deceased partner sought to be impleaded as an additional defendant, first under Order I Rule 10(2) CPC and later under Order 30 Rule 4 CPC, both applications being dismissed by the trial court and the district court. While …

DADAN BAI WD/O BHAGCHAND SINDHIversusARJUNDAS

1995 INSC 237Disposed off

The appellant, a landlady, filed an eviction petition against the lessee under Section 23A(b) of the Madhya Pradesh Accommodation Control Act, 1961. The High Court dismissed the petition, holding that the appellant was not the owner because the premises were owned by the Municipal Corporation. On …

SMT. KAMLA DEVIversusSH. VASDEV

1994 INSC 612Dismissed

The landlord, Smt. Kamla Devi, owned a shop let to Sh. Vasdev who fell behind on rent. After a demand notice, the landlord filed an eviction petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958. The Rent Controller ordered the tenant to pay the arrears within one month under Section …

SMT. ANAR DEVIversusNATHU RAM

1994 INSC 217Appeal(s) allowed

The tenant, Nathu Ram, occupied a shop owned originally by Banarsidas. After Banarsidas died, his widowed daughter‑in‑law, Anar Devi, claimed ownership and sought possession of the shop for the bona‑fide requirement of starting a business for her sons, invoking clause (b) of Section 23A of the …

CHANAN LAL AND ORS.versusSMT. AZIZUNISHA

1990 INSC 148Dismissed

The respondent landlady filed an eviction suit under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bona‑fide need for the premises to continue her son’s tailoring business. The trial court upheld the claim, but the appellate court reversed, holding that the son’s …

SUBHASH CHANDRAversusMOHAMMAD SHARIT AND ORS.

1989 INSC 391Dismissed

The appellant, Subhash Chandra, inherited a tenancy originally created by a lease deed (Ext. P.20) between Navinchand and his father Misri Lal. Navinchand later sold the property to the respondents, who terminated the tenancy and sued for eviction. The appellant defended by claiming that the …

DILBAGRAI PUNJABIversusSHARAD CHANDRA

1988 INSC 208Dismissed

In a suit for eviction under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, the plaintiff claimed personal necessity and ownership of a shop. The trial court and the Additional District Judge rejected his claim for lack of a partition deed proving ownership. The High Court …

GOVINDversusDR. JEETSINGH

1987 INSC 348Appeal(s) allowed

The landlord filed an eviction suit under Section 12(1)(e) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bona‑fide need for the premises. The tenant contested, asserting the landlord already had sufficient accommodation and the suit was to raise rent. The trial court ordered …

KRISHNAN NAIR & ANR. ETC.versusGHOUSE BASHA

1987 INSC 241Dismissed

The landlord, who ran a leather business, sought eviction of his tenant under section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960, claiming a bona‑fide need for the premises for the business of his two sons. The sons had entered into a partnership with unrelated …

DUGGI VEERA VENKATA GOPALA SATYANARAYANAversusSAKALA VEERA RAGHAVAIAH & ANR.

1986 INSC 276Dismissed

The respondents, a father and son, filed an eviction petition under section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, claiming a bona‑fide requirement for a shop‑room to start a readymade‑garments business. The Rent Controller ordered eviction, a …

ARYA SAMAJ, SAGAR & ORS.versusPINJAMAL & ANR.

1986 INSC 166Appeal(s) allowed

The Arya Samaj, which runs a girls' school, filed an eviction suit against the tenant occupying its building, claiming the premises were needed for additional school accommodation. The trial court and the appellate court ordered eviction under section 12(f) of the Madhya Pradesh Accommodation …

SMT. GIAN DEVI ANANDversusJEEVAN KUMAR AND OTHERS

1985 INSC 114Appeal(s) allowed

The appellant's husband was a tenant of a shop under the Delhi Rent Control Act, 1958. After the landlord served a notice of termination, the tenant died while still in possession as a statutory tenant. The widow and heirs claimed the right to remain in possession and the protection against eviction …

S. KANDASWAMY CHETTIARversusSTATE OF TAMIL NADU AND ANR.

1984 INSC 233Dismissed

The tenants of several buildings owned by Hindu, Christian and Muslim religious public trusts and public charitable trusts challenged a 1976 Government of Tamil Nadu notification that exempted all such buildings from the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. They argued that …

CHIMAN LALversusMISHRILAL

1984 INSC 211Appeal(s) allowed

The landlord served a notice on 21 October 1969 demanding arrears of rent for a portion of a shop and verandah and claimed termination of the tenancy, thereafter filing an eviction suit under section 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961. The tenant deposited the arrears but …

RADHEY SHYAM ETC. ETC.versusKALYAN MAL

1984 INSC 190Dismissed

The landlord sought eviction of the tenants under the Madhya Pradesh Accommodation Control Act, 1961, claiming a bonafide need to demolish the building and construct a gold and silver ornaments factory. The lower courts upheld the eviction, citing sections 12(1)(f) and 12(1)(h), and the tenants …

HASMAT RAJ & ANR.versusRAGHUNATH PRASAD

1981 INSC 104Appeal(s) allowed

The landlord filed two eviction suits seeking possession of a non‑residential building, claiming he needed the premises to start a medicine shop and to carry out reconstruction, and that he had no other suitable accommodation. The tenant argued that the landlord already possessed a major portion of …

SHYAMCHARAN SHARMAversusDHARAMDAS

1979 INSC 257

The landlord sought eviction of the tenant under the Madhya Pradesh Accommodation Control Act, 1961, for failure to pay rent arrears. The trial court allowed the tenant to claim protection under section 12(3) after he deposited the arrears, and dismissed the eviction suit. While the appeal was …