THARUMAL AND ANR.versusMASJID HAJUM PHAROSAN VA MADRASSA TALIMUL ISLAM, MIRZA IZSMAIL ROAD, JAIPUR
1994 INSC 13831 March 1994Dismissed
The respondent, a Masjid, sued the appellants for eviction and arrears of rent, claiming the tenancy had been determined. The appellants argued that the lease termination was a forfeiture under Section 114-A of the Transfer of Property Act and that the premises were exempt from the Rajasthan Premises (Control of Rent a…
VATAN MALversusKAILASH NATH
1989 INSC 10830 March 1989Appeal(s) allowed
Vatan Mal, a shop lessee since 1961, faced eviction suits by his landlord Kailash Nath for alleged rent defaults. After an earlier suit in 1967 was dismissed when Mal paid arrears under the pre‑amendment provisions, a second suit was filed in 1975. The Rajasthan Premises (Control of Rent and Eviction) Act had been amen…
HARBANS KAURversusIQBAL SINGH & ANR.
2019 INSC 10729 January 2019Appeal(s) allowed
The landlord Harbans Kaur let two shops to Iqbal Singh in 1995 at Rs 8,500 per month with a contractual 10 % annual increase, which raised the rent to Rs 16,564 by 2003. The Rajasthan Rent Control Act, 2001 came into force on 1 April 2003. The landlord served a notice on 27 March 2004 demanding arrears of Rs 16,564 per…
RAFIQUE BIBI (D) BY LRS.versusSYED WALIUDDIN (D) BY LRS. AND ORS.
2003 INSC 43228 August 2003Dismissed
The landlords filed an eviction suit under Section 13(1)(a) of the Delhi and Ajmer Rent Control Act, 1952 alleging that the tenants had defaulted in rent for over three years. While the suit was pending, Ajmer became part of Rajasthan, bringing the premises within the Rajasthan Premises (Control of Rent and Eviction) A…
BABU RAM GOPAL AND OTHERSversusMATHRA DASS
1990 INSC 6528 February 1990Appeal(s) allowed
The landlord filed an eviction suit under Section 13(2)(v) of the East Punjab Urban Rent Restriction Act, 1949, alleging that the tenant had ceased to occupy a shop for a continuous period of more than four months between 1969 and 1971. The lower courts upheld the eviction, holding that the tenant's temporary closure o…
NASIRUDDIN AND ORS.versusSITA RAM AGARWAL
2003 INSC 4128 January 2003Appeal(s) allowed
The appeal concerned a landlord-tenant dispute under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The tenant failed to deposit the arrears of rent within the period prescribed under Section 13(4) of the Act and sought condonation of the delay under Section 5 of the Limitation Act, 1963. The Supreme …
BALDEV KRISHANversusSATYA NARAIN
2013 INSC 57327 August 2013Appeal(s) allowed
Baldev Krishan, the landlord, filed an eviction suit under s.13(1)(h) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, claiming bonafide need for himself, his wife and family. The trial court and the first appellate court decreed in his favour, but during the pendency the landlord's wife died. The Hi…
MANIK LAL MAJUMDAR AND ORS.versusGOURANGA CHANDRA DEY AND ORS.
2004 INSC 13926 February 2004Matter referred to larger bench
The tenants (appellants) were ordered by the Rent Control Court to vacate premises for default in rent payment. They appealed under Section 20 of the Tripura Buildings (Lease and Rent Control) Act, 1975, but had not deposited the arrears of rent required by Section 13(1). The lower courts held the appeal inadmissible, …
KUNDAN MALversusGURUDUTTA
1989 INSC 2925 January 1989Appeal(s) allowed
Kundan Mal occupied a premises from 1953 and, after the death of the original owner, recognized Gurudutta as his landlord and paid rent. In 1973 he received a municipal notice to remove the structure and sued the municipality, while Gurudutta sued him for alleged non‑payment of rent and denial of his title. The lower c…
GURUBACHAN SINGH AND ANR.versusRAM NIWAS
2006 INSC 36124 May 2006Disposed off
The landlord, Ram Niwas, filed an eviction suit against tenants Gurubachan Singh and another, alleging default in rent and unauthorized sub‑letting of a shop to the Rajasthan Tourism Development Corporation (RTDC) at Rs 2100 per month for four months. The tenants contended that they had deposited rent in court under Se…
BIJAY KUMAR SINGH & OTHERSversusAMIT KUMAR CHAMARIYA & ANR.
2019 INSC 118122 October 2019Dismissed
The landlord filed eviction suits under the West Bengal Premises Tenancy Act, 1997 alleging non‑payment of rent arrears for two shops. The tenants filed applications under Section 7(2) of the Act seeking determination of the disputed rent and deposited the arrears they admitted. The trial court allowed the applications…
RAM PRATAPversusANAND KANWAR & ORS.
2018 INSC 72921 August 2018Dismissed
The landlord filed an eviction suit under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 alleging the tenant had not paid rent from July 1981 to June 1984. The trial court decreed eviction without first fixing provisional rent as required by Section 13(3). The tenant appealed, argui…
SHIV DUIT JADIYAversusGANGA DEVI
2002 INSC 9420 February 2002Appeal(s) allowed
In the first suit, the tenant defaulted on rent but deposited the arrears in court under Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, and the trial court denied eviction. The landlord appealed, withdrew the appeal, and meanwhile filed a second suit alleging a new default for the per…
GOPAL SARANversusSATYANARAYANA
1989 INSC 6620 February 1989Appeal(s) allowed
The landlord sued the tenant for eviction under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, alleging (i) parting with possession of the shop roof by installing an advertisement board, (ii) material alteration of the premises by fixing the board with iron angles, and (iii) default in rent. The trial…
LADU RAMversusGANESH LAL
1999 INSC 32312 August 1999Appeal(s) allowed
Ladu Ram, the landlord, filed an eviction suit against tenant Ganesh Lal under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, alleging default in rent payment but did not seek a separate decree for recovery of arrears. The trial court provisionally determined the rent due under Sec…
RAVI KHANDELWALversusM/S. TALUKA STORES
2023 INSC 61511 July 2023Appeal(s) allowed
The landlord (Ravi Khandelwal) filed an eviction suit in 1985 against the tenant (M/s Taluka Stores) for a shop in Jaipur. The suit was dismissed by the trial court in 2002 for violating Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, which bars eviction suits within five years of lett…
VASHU DEOversusBAL KISHAN
2002 INSC 1811 January 2002Dismissed
The appellant, Vashu Deo, was a sub‑tenant of Bal Kishan who had leased a shop from the Sarvjanik Sampati Trust under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The appellant fell into rent arrears and Bal Kishan sued him for recovery of rent and eviction, while the Trust simultaneously sued Bal K…
FAKIR MOHD. (DEAD) BY LRS.versusSITA RAM
2001 INSC 60210 December 2001Dismissed
The tenant occupied a shop in the landlord's building and fell into arrears of rent, prompting the landlord to file an eviction suit under Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The tenant had previously deposited rent in court under Section 19A, and again attempted to do so afte…
HARI SINGHversusKANHAIYA LAL
1999 INSC 3817 September 1999Appeal(s) allowed
The landlord (Hari Singh) sued his tenant (Kanhaiya Lal) for eviction on grounds of rent default, sub‑letting and nuisance, and also sought fixation of standard rent under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The trial court decreed eviction finding default, sub‑letting and nuisance; the app…
STATE OF M.P. & ANR.versusANSHUMAN SHUKLA
2014 INSC 5256 August 2014Appeal(s) allowed
The State of Madhya Pradesh filed a civil revision under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, challenging an arbitral award dated 18 June 2003, but the revision was filed 80 days after the statutory three‑month period. The State also sought condonation of the delay under Section 5 of …
M/S. MARTIN & HARRIS PRIVATE LIMITED & ANR.versusRAJENDRA MEHTA & ORS.
2022 INSC 6636 July 2022Dismissed
The suit for eviction and recovery of rent was filed in 2002 under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Old Act). The suit was decreed in 2016 and affirmed on appeal, but the parties remained in dispute over mesne profits during the stay of execution. The tenants argued that Section 20 of th…
M/S KANHIYA SINGH SANTOK SINGH & ORS.versusKARTAR SINGH
2009 INSC 3134 March 2009Case Partly allowed
The dispute concerned a shop in Kishangarh where an eviction suit was filed against the tenant, late Santok Singh, and his firm. Santok Singh died during the pendency of a second appeal, and his two sons applied to be substituted as his legal representatives under Order 22 Rule 3 of the CPC, invoking section 3(vii) of …
TARA CHAND AND ANR.versusRAM PRASAD
1990 INSC 1843 May 1990Dismissed
Anandi Bai held a shop in Jaipur under an 11‑month lease that was terminated by a notice under Section 106 of the Transfer of Property Act, but she continued in possession and paid rent, becoming a statutory tenant. She died in September 1966 and her heirs (the appellants) were sued for ejectment by the landlord, who a…
BRIJENDRA NATH BHARGAVA & ANR.versusHARSH WARDHAN & ORS.
1987 INSC 3562 December 1987Appeal(s) allowed
The tenants appealed an eviction order that was based on an alleged material alteration – the construction of a wooden balcony (Dochhatti) – without the landlord's permission under Section 13(1)(c) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The trial court and the Rajasthan High Court upheld th…
HANUMANT KUMAR TELESARAversusMOHAN LAL
1987 INSC 3551 December 1987Dismissed
The respondent mortgaged his shop and handed possession to the mortgagees, who subsequently let the premises to the appellant as a tenant. The respondent sued for redemption of the mortgage and vacant possession; the mortgage was redeemed and an order was made to give possession to the respondent. The tenant sought to …