Transfer of Property Act

Larsen & Toubro Ltd. leased a property consisting of vacant land and a building from a charitable trust in 1951. In 1975 the trust sought possession, and the company claimed protection under Section 9 of the Tamil Nadu City Tenant's Protection Act, 1922, seeking a right to purchase the land. The key issue was whether t…

The dispute arose from a lease agreement where Sushila Raje Holkar leased 16,000 sq ft of a 4.8‑acre property to Anil Kak (Retd.) and claimed that the remaining 1,27,721.6 sq ft was also covered by the lease. The respondent filed suits for specific performance and injunction, while the petitioner filed eviction and ren…

The petitioners, a company dealing in the purchase and resale of life‑insurance policies, challenged LIC's circulars of 2003 and 2005 that refused to register assignments of policies to firms engaged in trading such policies. They argued that Section 38 of the Insurance Act, 1938 makes policies transferable and assigna…

The appellants (mortgagees) challenged a High Court order that had extended time for the mortgagor to deposit the amount representing the value of improvements on mortgaged property. The trial court had repeatedly extended the deadline under Order XXXIV Rule 5 of the CPC, and the mortgagor eventually deposited the sum.…

Kalidas Chunnilal Patel, deceased and represented by his legal heirs, sued his tenant Ranchhodbhai Govindbhai for arrears of rent, notice charges, mesne profits and eviction on the ground of bona‑fide personal need. During the suit, a government notification brought the Bombay Rents (Hotel and Lodging House) Rates Cont…

The petitioners, owners of agricultural land, had sold portions of their holdings under agreements of sale and had delivered possession to the purchasers in part performance, but no conveyance deed was executed. The issue was whether such land could be excluded from the owners' "holding" under Section 3(i) of the Andhr…

The landlord's father let three rooms to the tenant in 1970 for the business of selling copies and books. The tenant later began manufacturing copies, registers, and sweet‑meat boxes in 1976 and installed a printing machine in 1982 without obtaining the landlord's written consent. The landlord filed an eviction suit un…

In a private limited company with 50 shares, two brothers each held 25 shares and orally agreed that any sale of shares would first be offered to members of the same family branch. The agreement was never incorporated into the Articles of Association. After the brothers' deaths, a son of one brother sold his shares to …

Mohammed Khan sold a two‑acre parcel of land in Shimoga to P.G. Eshwarappa after the tenant, Channabasappa (father of the respondents), refused to purchase it. Channabasappa sued for declaration of title and possession, obtaining a decree in 1959 that forfeited his tenancy. The appellant took possession in 1967, and th…

Krishna Mohan Pvt Ltd owned a cinema complex on which it installed plant, machinery, lifts and air‑conditioners. The Municipal Corporation of Delhi assessed property tax by adding the cost of these items to the building's rateable value. The company appealed, arguing that such costs are movable and should be excluded, …

The landlord filed a civil suit under the general law to evict the tenant from a shop that was constructed in December 1968. The landlord relied on a 1971 Government Notification exempting buildings constructed in 1968‑1970 from the East Punjab Urban Rent Restriction Act for five years, arguing that the exemption made …

The landlord filed a suit for possession of premises under the West Bengal Premises Tenancy Act, 1956. The tenant filed a written statement but later failed to comply with court orders to deposit rent and his defence was struck out under s.17(3) of the Act. The tenant appealed, contending that even after his defence wa…

The landlord filed an eviction petition against the tenant under the Delhi Rent Control Act, 1958 on the ground of illegal sub‑letting. While the petition was pending, Section 3(c) of the Act was amended (effective 1‑Dec‑1988) to exclude premises with rent above Rs 3,500 from the Act’s jurisdiction. The tenant argued t…

The Supreme Court considered two appeals filed by Bimla Devi, a landlord, seeking eviction of her tenant from the remaining portion of a house she partially occupied. The central issue was the interpretation of Explanation (iv) to Section 21(1)(b) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Ev…

C. Albert Morris leased a vacant plot in Pondicherry to operate a petrol bunk. The lease expired in 1996 and the landlord, K. Chandrasekaran, served a notice to vacate, filed an eviction suit (later dismissed for default), and sought cancellation of the No‑Objection Certificate (NOC) and non‑renewal of the licence unde…

The tenant appealed against a decree of eviction granted to the landlord under Section 14(1)(e) of the Delhi Rent Control Act, 1958 on the ground of bona‑fide requirement. The landlord’s building stood on land leased from the Delhi Development Authority (DDA), and the lease had been subject to a cancellation notice, th…

The appellant, Modern Hotel, leased a commercial premises for thirty years starting 9 September 1969 and paid an advance of Rs 6,500, of which Rs 1,500 was to be adjusted against rent and the balance of Rs 5,000 was to be refunded after the lease expired. The landlord filed an eviction suit in October 1973 alleging ren…

Therakhatoon purchased land in 1966 and later alleged that her neighbour, Slambin Mohammad, illegally occupied part of it and constructed two rooms in 1967. After a delay of several years, she filed a suit for possession, injunction and damages, which was initially dismissed by the trial court, reversed by an appellate…

The appellants, owners of land leased to Narain Das Lachman Das Oil Mill (later Northern India Oil Industries Ltd), gave a notice on 26 February 1944 terminating the lease and allowing the lessee until 30 June 1944 to remove machinery, stores, and buildings as per clause 6 of the lease dated 2 June 1941. The lessee obt…

The original owners of a plot in Saharanpur granted a permanent, transferable lease to Patel Mills Ltd. The company went into voluntary liquidation and its liquidator sold the lease‑hold interest to Benaras Bank Ltd., after which the company was dissolved under the Companies Act, 1913. The bank later entered liquidatio…

In a suit concerning the dissolution of a partnership, a receiver was appointed to preserve the disputed property, which included a restaurant premises occupied by the appellant, Anthony C. Leo, as a tenant. The receiver filed reports alleging that the tenant had made unauthorised constructions and was operating an ill…

The original suit sought partition of a 196‑acre property in Hydernagar village, resulting in a preliminary decree that became final and a commissioner was appointed for division. Respondents, assignees of decree‑holders, obtained possession of their shares through execution proceedings. The appellants, who claimed to …

Hemaji Wagahaji Jat filed a suit seeking a permanent injunction and declaration of ownership of land in Yavarpura, claiming title by adverse possession. The trial court erroneously held that he had acquired ownership through adverse possession and decreed in his favour. The District Judge and the Gujarat High Court rev…

The Union of India invited tenders for a telecom licence and, after receiving a tender, issued a Letter of Intent to Tata Teleservices, which later failed to fulfil its obligations. The Union claimed damages of Rs 50 crore and set‑off the amount, while Tata claimed Rs 654.25 crore for breach of contract. The Telecom Di…

The landlady sought eviction of her tenant under the Tamil Nadu Building (Lease and Rent Control) Act on the ground of personal necessity. The Rent Controller dismissed the application; the appellate court held that personal necessity existed but required a notice to quit under Section 106 of the Transfer of Property A…

The appellant, a grandson of the original defendant, was impleaded as a legal heir in execution proceedings after the original defendant died. He later filed an interlocutory application under Order I Rule 10 seeking deletion of his name, claiming he was not a legal heir and that he enjoyed tenancy rights under Section…

The Life Insurance Corporation of India (LIC) bought a building at auction and the appellant, Jain Ink Manufacturing Co., was a tenant under the previous owner. LIC served notice under Section 106 of the Transfer of Property Act to terminate the tenancy, but the appellant remained in possession. LIC then invoked the Pu…

The land in question was originally granted by the Government of Jammu & Kashmir to Attar Chand as a long lease, making him the Wasidar. His son Guranditta Mal inherited the lease and, in 1954, sub‑leased the land to Raghunath Dass without government permission. Indra Devi, Guranditta's widow and successor‑in‑title, su…

Two mortgages were created in 1925 and 1928 over certain land. In a 1947 suit, the mortgagors obtained a preliminary decree for redemption and, after default, a final decree for sale, but the mortgagee never executed the sale and retained possession. In 1968 the mortgagor‑heirs filed a second suit for redemption agains…

The appellant, K. Krishna Kishore Firm, had been operating a cinema under a lease that was due to expire in 1976. Before the lease ended, one co‑lessor of the landowner entered into an agreement of sale and a lease of his share with the appellant, who then sought renewal of its cinema licence under the Andhra Pradesh C…

Bai Dosabhai, who had received two plots of land as a gift, executed a deed of lease in 1946 granting the lessee (Indu Prasad Dev Shankar Bhatt and successors) a right to purchase the land within seven years for a stipulated price, with provisions for rent, default, and sale by public auction. After repeated notices fo…

The plaintiff Idandas, the landlord, leased an open piece of land to the defendant Anant Ramchandra Phadke, who installed a flour mill and used the land solely for that purpose. The landlord sought eviction, claiming the tenancy was month‑to‑month and that a one‑month notice sufficed, while the tenant argued the lease …

The plaintiff mortgagor filed five suits for redemption and actual possession of mortgaged land, contending that the mortgagees were not tenants and therefore could be evicted after redemption. The mortgagees argued that they were "deemed tenants" under Section 2A of the Bombay Tenancy Act, 1939 (as amended 1946) and t…

Harcharan Singh, a tenant of a shop in a U.P. cantonment, failed to pay rent for 1965‑66. The landlord sent a combined notice of arrears and eviction by registered post on 9 November 1966, which the tenant refused to accept on 10 November. The landlord sued for eviction under the U.P. Cantonment (Control of Rent & Evic…

The case concerned the sale of a flat owned by Tahira Sultana, the wife of a COFEPOSA detainee, to Tayab Ali, who later died and whose heirs appealed. The property had been subject to a forfeiture order under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) and a stay was impo…

The appellants, four brothers, sued the first defendant for specific performance of an alleged oral contract to sell a building in Hyderabad for Rs.10,00,000. The trial court found an oral contract existed, but the High Court set aside the decree, holding that mere acceptance of price was insufficient without proof of …

The Supreme Court examined a public‑interest writ petition challenging several gifts of village common (shamlat) land by the Bhondsi Gram Panchayat to a former Prime Minister and his trust. The petitioner alleged that the gifts violated the Punjab Village Common Lands (Regulations) Act, 1961, its 1964 Rules, and the Fo…

The State of West Bengal, having taken over the management and later the undertaking of the Great Eastern Hotel under the 1975 and 1980 Acts, transferred the undertaking (except lands and buildings) to the Great Eastern Hotel Authority. The Authority issued a circular to occupants of shop, office and godown premises wi…

The landlord filed an eviction suit in 1985 against the tenant of a shop in Risod, before the city was declared a municipality. In 1989 Risod was notified as a municipality, bringing the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 into force for the premises. The tenant argued that, becau…

The petitioner, Mis. Ashok Caterers, occupied premises under a monthly lease that was offered for five years but never accepted; the lease expired in January 1990 and the tenancy was later determined by order on 24 December 1994. The Municipal Corporation of Greater Bombay initiated summary eviction proceedings under S…

The appellants, builders of multi‑storeyed apartments in Koramangala, Bangalore, obtained licences from the City Municipal Corporation to construct up to three floors. A residents' association filed a public‑interest petition seeking cancellation of the licences and demolition of the building, alleging strain on public…

The appellant, a seller, entered into an agreement for sale of immovable property with the respondent, a purchaser, wherein the purchaser paid Rs.7,00,000 as earnest money. The agreement stipulated that if the purchaser failed to pay the balance consideration by a specified date, the earnest money would be forfeited, w…

The tenant, Shri Mundri Lal, challenged an eviction suit filed by his landlord, Smt. Sushila Rani, under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, contending that the premises were a "new construction" and therefore exempt under Section 2(2) of the Act. The trial court held…

The dispute concerned a 183‑bigha parcel of land in Haripur, Nainital, originally leased in 1924 under the Government Grants Act of 1895. The lease was allegedly transferred by a 1947 sale deed, but the deed’s nature—whether it conveyed title or merely lease‑hold rights—was contested. The respondents claimed ownership …

The Supreme Court examined a dispute arising under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 where Standard Chartered Bank claimed that shares and securities pledged by broker Hiten Dalal were its security against a loss of Rs. 280.80 crore. The Court held that the bank had …

The deceased partner of a banking firm issued a cheque of Rs.3 lakhs to the firm, which was credited to the accounts of his three minor grand‑nephews. After his death, the widow (assesse) omitted this amount from the estate valuation, arguing that it was a gratuitous transfer of an actionable claim governed by s.137 of…

The Committee of Management of Pachaiyappa's Trust (the appellant) challenged a lease of a 5.65‑ground plot vested in the Official Trustee of Madras that had been granted to a partnership (respondent No.2) for a 30‑year term. The High Court, exercising its supervisory jurisdiction under Section 25 of the Official Trust…

Mis New Kenilworth Hotels Ltd. filed a writ petition seeking to set aside a High Court order that directed Ashoka Industries Ltd., the mortgagor, to exercise its statutory right of redemption under Section 60 of the Transfer of Property Act. The appellant argued that the Orissa State Financial Corporation, which had ta…

The Supreme Court examined an eviction dispute under the Delhi Rent Control Act, 1958 where the landlord sought possession of three tenants on the ground that each had either built, acquired vacant possession of, or been allotted another residence, as stipulated in clause (h) of Section 14(1). The Court held that the w…

The plaintiff, an intermediary landlord, sued the respondents, tenants‑at‑will, for possession of agricultural land after a notification under Section 3 of the Bihar Land Reforms Act, 1950 had vested the plaintiff's estate in the State. The trial court held the plaintiff was in "khas" possession and could evict; the Hi…

The landlord, Bijay Kumar Manish Kumar HUF, sued tenant Ashwin Bhanulal Desai for non‑payment of rent on four premises where the lease, executed in 1991‑92, was allegedly forfeited due to arrears. The tenant remained in possession and the landlord sought payment of "monthly occupational charges" at the prevailing marke…

The appellant, Sonia Bhatia, claimed ownership of 80 bighas of land gifted to her by her grandfather on 28 January 1972, after the statutory cut‑off date of 24 January 1971 under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The Prescribed Authority ignored the gift under Section 5(6), treating it…

The case concerned a partition suit over land originally owned by Ummini, whose five sisters inherited his interest and executed an Ottikuzhikanam deed in favour of the first defendant. The first defendant later released his interest to the second defendant, who also obtained a sale deed from a man claiming to be Ummin…

The landlords filed a suit for possession under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The dispute centered on whether a notice dated 7‑8‑1980, sent by registered post to the tenant company, was validly served under Section 106 of the Transfer of Property Act, and whether the tenants were in…

Meharban Singh and others had mortgaged their khud‑kasht land to Munshi Singh under a usufructuary mortgage. After the Madhya Bharat Zamindari Abolition Act, 1951 came into force, the proprietors' rights vested in the State, but section 4(2) allowed a proprietor to retain possession of land recorded as khud‑kasht befor…

The cement companies, claiming to be ryotwari pattadars, challenged a Tamil Nadu Government order that required them to pay full royalty and dead rent on mining leases, arguing they were entitled to a 50% concessional rate. The High Court had partially restrained the State from demanding royalty above 50% for patta lan…

The respondents, owners of agricultural lands in Bijapur district, had leased the lands to M/s Sugarcane Products and Industries Ltd. for 30 years, a lease that expired on 31 March 1973 but the company continued to occupy the land. After the Karnataka Land Reforms Act, 1961 was amended in 1974, Section 79‑B prohibited …

The case concerned eviction suits filed by thika tenants (Kanailal Ghosh and others) against Bharatias (Narayanchandra Ghosh and others) occupying rooms in a house. The suits were filed under the Calcutta Thika Tenancy Act, 1949, before the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 came into force. …

The appellant obtained a money decree from the Small Causes Court in 1953 and, under Section 39(1)(d) CPC, had it transferred to the Munsif Court for execution. The Munsif Court sold the immovable property in execution of the decree, and the purchaser later sold it to the respondents. The respondents challenged the sal…

The Uttar Pradesh Financial Corporation (UPFC) seized the assets of a defaulting borrower under Section 29 of the State Financial Corporation Act, 1951 and sold them at a public auction. M/s. Rana Girders Ltd., the highest bidder, purchased the land, building and plant‑machinery free from encumbrances, with a clause in…

The State of Uttarakhand appealed a High Court order that directed the State Government to pay Rs.70,99,951.50 as compensation to the successors of an unauthorised occupier of a leased land. The land had been declared unauthorised occupation in 1972 and the State had successfully evicted the occupier under the U.P. Pub…

The appellants (Ram Khilona et al.) had entered into an agreement of sale with the respondents (Sardar et al.) but the sale deed was never executed. After execution, the covenantors allegedly altered the agreement by inserting two independent marginal witnesses to lend authenticity. The respondents sought specific perf…

DLF Universal Ltd. and its trust, the colonizers of a Gurgaon colony, were directed by the Monopolies and Restrictive Trade Practices (MRTP) Commission to execute a fresh lease deed with a complainant who alleged unfair and restrictive trade practices in the allotment of school sites. The appellants did not challenge t…

The appellant, a tenant, occupied a residential‑shop premises originally at a rent of Rs 55 per month. After the landlord purchased the property, the rent was unilaterally raised to Rs 65 (the landlord later claimed Rs 70) without complying with the Bihar Building (Lease, Rent and Eviction) Control Act. The tenant paid…

The mortgagor, Sardar Govindrao Mahadik, mortgaged his house to Devi Sahai and later agreed to sell it to the mortgagee, but the sale deed was never registered. The mortgagee claimed protection under Section 53A of the Transfer of Property Act, arguing that his possession and a Rs 1,000 payment for stamp duties constit…

The respondent, owner of a suit land, sued the appellant for possession and mesne profits, while the appellant claimed to be a tenant under an oral lease dated 1971. The trial court referred the tenancy question to the Kerala Land Tribunal under Section 125(3) of the Kerala Land Reforms Act, 1963; the Tribunal held the…

Ram Deo, the tenant, entered into a compromise agreement on 13 June 1960 to pay Rs.600 of pre‑agreement rent arrears in monthly instalments of Rs.25 each, alongside Rs.25 of current rent. He later fell into arrears and the landlord, Umrao Singh, served a notice demanding Rs.150, of which Rs.75 represented three months'…

The case concerned a sale of a portion of a block of houses in Rae Bareli by Parmeshwar Din Misra (defendant No. 2), who claimed exclusive ownership, to K.C. Kapoor (appellant). The plaintiff‑mother and her two grand‑sons challenged the sale, alleging that the property was joint Hindu family property, that the sale was…

The landlord leased a room in Madras for a shoe/leather goods business, but the tenant also sold readymade garments, fixed sign‑boards, drilled holes for racks and obtained a separate three‑phase electric connection. The landlord sought eviction under Sections 10(2)(ii)(b) and 10(2)(iii) of the Tamil Nadu Buildings (Le…

Sangappa Kalyanappa Bangi, a tenant, applied for occupancy rights under Section 45 of the Karnataka Land Reforms Act, 1961. While the proceedings were pending, he executed a will bequeathing his tenancy rights to a third party, and later died. The Land Tribunal and the Appellate Authority held that the tenant's wife an…

Bal Niketan Nursery School, a recognised institution under the U.P. Basic Education Act, 1972 and run by a registered society, purchased land and super‑structures in its own name and, through its manager (who was also the society's secretary), served notice to four tenants and filed suits for eviction and arrears in th…

The Supreme Court examined a lease where the tenant paid a monthly rent of Rs.900 plus a monthly education cess of Rs.120. The tenant fell into arrears and did not pay the amount within one month of a statutory notice of termination. The principal issues were whether the amendment to Section 12(3) of the Bombay Rents, …

The parents executed registered deeds of gift in 1984 transferring specific land to their son, expressly stating that possession had been handed over and accepted. The parents later attempted to cancel the gifts on the condition that the son pay Rs 1,00,000 for a sister's marriage, which he did not do, and filed cancel…

The plaintiff filed a suit in 1964 seeking declaration of title and possession of agricultural land based on a will executed by Ajuddhibai. The trial court upheld the will, rejected alleged sale deeds and granted possession to the plaintiff. The defendants appealed, and the High Court reversed the decision, also reject…

The Prabha Manufacturing Industrial Co‑operative Society was allotted an "industrial plot" with a self‑constructed shed by the Custodian of Evacuee Property in 1949. The Society later sought a permanent allotment, but the Custodian sold the land at auction in 1960 to the predecessor of Banwari Lal. The Society challeng…

The appellants and respondent were co‑owners of a property that had been partitioned and subsequently mutated in revenue records. The respondent filed an appeal under Section 11 of the Bombay Revenue Jurisdiction Act, which was dismissed, after which the appellants instituted a civil suit for declaration of title and a…

The appellant, a co‑owner of an undivided family dwelling, sued to restrain the sale of his brother's half‑share to a stranger and to prevent the stranger from taking possession. The trial court granted an interim mandatory injunction, but the Bombay High Court set it aside, holding that the facts did not show a prima …

The appellants, who claimed ownership of the suit land by a gift deed, sued the respondents for a permanent injunction, the respondents asserting title based on an alleged 1969 agreement of sale. The City Civil Court refused an interim injunction on the ground that the appellants had not made a prima facie case, partic…

The landlord filed three ejectment applications against the tenant for possession of a room in Kamla Nagar, Delhi. In the first proceeding (1967) the Rent Controller ordered the tenant to pay arrears under s.14(2) read with s.15 of the Delhi Rent Control Act, 1958; the tenant complied and the landlord withdrew the peti…

The landlord sought eviction of Shalimar Tar Products Ltd., the tenant, alleging that the tenant had sub-let part of the premises to R.C. Abrol & Co. without the landlord's written consent as required by the Delhi Rent Control Act, 1958. The tenant contended that no notice to quit was served, that no sub‑letting occurr…

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 contested the exten…

The vendors sold a bungalow in the Meerut cantonment to the vendee, with the agreement stipulating that the vendee must obtain permission from the Military Estate Officer (MEO) for the transfer. Clause 5 provided that if such permission were not granted, the vendee could be released from the contract and recover the ea…

The tenant of a residential premises died leaving a will that bequeathed the tenancy rights to her sister's son. The appellant, as executor, sought eviction of the respondents who were residing in the premises, arguing that the bequest conferred a tenancy. The respondents contended that a testamentary transfer amounted…

The Haryana Government issued a notification under the Land Acquisition Act, 1894 to acquire land for an industrial township, after which many landholders sold their land to private builders at inflated prices. The State later dropped the acquisition on 24 August 2007 and again on 29 January 2010, allegedly to benefit …

Tapas Kumar Samanta filed an eviction suit against Sarbani Sen and others alleging non‑payment of rent, personal necessity to demolish the existing building for his own residence and business, waste, nuisance and unauthorized construction, invoking Section 108 of the Transfer of Property Act. The trial court dismissed …

The appellants were tenants of shops in a building completed in 1977. Their tenancies were terminated by notice and the landlords filed suits for possession in 1983. Decrees granting possession were passed in December 1988, after the ten‑year exemption period under Section 1(3) of the Haryana Urban (Control of Rent & E…

The case concerned a house in Chhatarpur that the Maharaja had listed as his private property in July 1948 and subsequently gifted to his father‑in‑law on 25 August 1948. The State of Madhya Pradesh claimed that, because the Maharaja’s sovereign powers ceased on 1 May 1948 when his state merged into the United State of…

Motibhai created two mortgages on his property; after his death the mortgagor's heirs and successive mortgagees transferred their interests, and the plaintiff, Narandas Haribhai Patel, purchased the equity of redemption from the heir Taralaxmibai and sued the mortgagees for redemption. The issues were whether a co‑mort…

The appellant, who claimed to be a tenant of a flat mortgaged by the borrower to Central Bank of India, sought to stay the bank’s possession of the secured asset under the SARFAESI Act. The bank had issued a notice under Section 13(2) of the SARFAESI Act and obtained an order under Section 14 for physical possession. T…

The dispute concerned a double‑storeyed building within the Jallowkhana complex at Kapurthala, occupied by the Punjab Public Works Department. Brigadier Sukhjit Singh, a heir‑apparent of the erstwhile Maharaja, claimed ownership based on a 1925 farman that vested the entire complex in each succeeding heir, while the St…

The appellants, Naranbhai Patel and another, became deemed purchasers of agricultural land under Section 32 of the Bombay Tenancy & Agricultural Lands Act, 1948, effective 1 April 1957. The respondent, the former landowner, executed a trust deed and registered it under the Bombay Public Trusts Act, 1950 without giving …

M. Mitra transferred his publishing and printing businesses to two newly formed companies in 1953. He instructed that the shares be allotted to his wife, three sons, brother‑in‑law and an ex‑employee, but the consideration for the shares was paid entirely by Mitra. After Mitra's death in 1957, the estate duty return fi…

The plaintiff, who inherited a building leased to the defendant in 1940, served a notice to quit and filed an eviction suit in March 1964, relying on the exemption in Section 30(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. In June 1964 the Amendment Act removed that exemption and, under Section …

The suit concerned a property originally belonging to Krishnan Nair, which was attached in execution. To raise funds, Nair executed a sale deed (Exhibit A‑5) in favour of Kesavan Channar, simultaneously executing an agreement (Exhibit A‑6) to sell the same property to his relative Kochu Kunja Nair after ten years, and …

The landlord (appellant) obtained permission from the Rent Controller under the C.P. and Berar Letting of Houses and Rent Control Order, 1949 and issued a notice under Section 108 of the Transfer of Property Act, 1882 before filing a civil suit for eviction. The tenant (respondent) contended that the premises fell unde…

Lala Gurdin died leaving his widow and three daughters who became limited owners of his estate. The daughters partitioned the property and each made separate alienations, including three sale deeds (1901, 1914, 1915) executed by the last surviving daughter, Smt. Mewa Kuer. After her death, the sons of the other daughte…

The appellants, Ambikapathi Ammal & Anr., claimed ownership of certain lands on the basis of Patta No.1 and sued Sri Kandaswamy Koil (by its executive officer) for possession. The respondents argued that they were permanent ryots under the Tamil Nadu Estates Land Act, 1908, that the land formed part of an estate abolis…

The appellants, landlords residing in Meghalaya, filed a suit to evict the respondent tenant from a shop in Arrah, Bihar, on grounds of rent default and bona fide need under s.12(1) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977. The trial court and the first appellate court held that the tenant wa…

The appellants, successors to a landowner who mortgaged his property in 1946, sought restitution under the Himachal Pradesh Debt Reduction Act, 1976. After a collector dismissed their 1979 application as time‑barred, they filed a suit for possession of the mortgaged land in 1981 under sections 4 and 5 of the Act. The t…

The original tenant died leaving two sons; after his death rent was paid by the elder son and later by his widow. The landlord sued the widow for eviction and the parties settled, resulting in a consent decree. The landlord sought execution of the decree, but the younger son (appellant) and his family objected, claimin…

The mortgagors filed a suit for redemption of a mortgage and the mortgagee claimed fixation of tenure under Sections 4A(1)(b) and 13 of the Kerala Land Reforms Act, alternatively seeking deemed Kudikidappu rights over three cents of land under Explanation IV to Section 2(25). The trial court rejected the Kudikidappu cl…

The appellants, Vasantiben Prahladji Nayak and others, sued the respondents, S.J. Nayak and others, for declaration of title, possession and injunction over ancestral land. The respondents claimed ownership by adverse possession, arguing the suit was barred by limitation. The lower courts held in favour of the responde…

Aftaruddin, an under‑raiyat, allegedly executed a sale deed on 11‑Jan‑1971 transferring his suit land to Mamataj Begam, the daughter of the raiyat Sayed Jama Kazi. The deed described Aftaruddin as a raiyat, apparently to evade the prohibition under Section 108 of the Tripura Land Revenue and Land Reforms Act, 1960 whic…

The Supreme Court examined whether sugar bags pledged by two cooperative sugar mills to Maharashtra State Co‑operative Bank Ltd. could be attached and sold to satisfy the employer's liabilities under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The Court held that Section 11(2) of the Act crea…

The Supreme Court examined an arbitration award arising from a turnkey housing contract between Army Welfare Housing Organisation (AWHO) and Sumangal Services Pvt. Ltd. (Sumangal). The Court held that the arbitrator had no jurisdiction to pass an interim injunction under Section 41(b) of the Arbitration Act, 1940, and …

Ralla Singh, a Hindu male, executed a will bequeathing his self‑acquired property to his wife Isher Kaur for life, with a restriction that she could not alienate the property and that after her death the two nephews would inherit. After Ralla's death, Isher Kaur gifted the property to a Gurdwara, which the nephews chal…

The plaintiffs, two minors, entered into an agreement through their mother and natural guardian to purchase a house for Rs 11,000, paying Rs 1,000 as earnest money. The seller failed to perform, and the minors sued for specific performance. The trial court decreed in their favour, but the High Court dismissed the suit …

The appellant, G.D. Gupta, occupied a building in Danapur Cantonment under an invalid lease deed. The owner sued for eviction and arrears of rent, and during the pendency the Bihar Buildings (Lease, Rent and Eviction) Act, 1947 was extended to the area on 14‑02‑1970 with prospective effect. The 1974 eviction suit alleg…

The case concerned a usufructuary mortgage created in 1947 and a second mortgage in 1966, where the mortgagee filed a redemption suit and obtained a preliminary decree requiring payment by May 6, 1970. The mortgagee later withdrew an earlier interlocutory application and, after the mortgagor purchased the property, fil…

The appellant, Smt. VUAYALAKSHMI, was the foster child of Batchu Muniyappa Chetty, who along with his brother B. Himantharaja Chetty partitioned their joint family property under a registered deed that included a pre-emption clause. After the foster father and his widow died, the property was bequeathed to the appellan…

The appellant, a tenant, had his revision petition dismissed by the Karnataka High Court for failing to comply with Section 29(1) of the Karnataka Rent Control Act, 1961, and gave an undertaking to vacate the premises within six months. He subsequently filed a Special Leave Petition (SLP) under Article 136 of the Const…

Periyar & Pareekanni Rubbers Ltd., a distillery registered under the Kerala General Sales Tax Act, leased its factory to Eagle Distillery Ltd. The lessee continued to use the lessor's sales‑tax registration number and statutory Forms C and D, but failed to remit the tax collected. The assessing authority issued notices…

The landlord Atma Ram Properties sued its tenant Oriental Insurance for possession, claiming that a huge property tax payable under the New Delhi Municipal Council Act, 1994 could be treated as arrears of rent, raising the total rent above Rs.3,500 per month and thereby removing the tenant’s protection under the Delhi …

The Municipal Corporation of Meerut awarded contracts to several appellants for the collection of "Tehbazari" (a local toll) and parking fees. The appellants challenged the demand of the Collector of Stamps that the contracts be treated as leases and attract stamp duty at Rs.70 per thousand. The High Court upheld the C…

United Bank of India sued the Official Liquidator of Naskarpara Jute Mills Ltd., which was in liquidation, to recover a debt and to prevent the sale of the mortgaged land. The High Court, acting under Section 535 of the Companies Act, ordered the liquidator to disclaimer the lease of the land on the ground that it was …

The plaintiff, Som Dev, claimed a right of pre-emption over a half‑share of immovable property, relying on a decree dated 10‑10‑1980 that recognised a family settlement whereby co‑owner Sheo Ram had relinquished his share in favour of the plaintiff and his brother. The defendants argued that the decree created a new ri…

The appellant, a former Uttar Pradesh judicial officer who retired voluntarily and joined the Central Administrative Tribunal, was subjected to a departmental enquiry for alleged misconduct in awarding excessive compensation under the Land Acquisition Act, allegedly favouring subsequent purchasers. The enquiry found ch…

The case involved a dispute between two brothers over a property under development, where the elder brother (the plaintiff) claimed exclusive ownership and sought a mandatory interim injunction to restrain the younger brother and his son from acting as his attorneys, entering the property, and operating related bank ac…

The case concerned a deed of settlement executed by Rami Reddy, a coparcener in a Mitakshara joint Hindu family, which conveyed his entire undivided interest in the coparcenary to his brother Veera Reddy while reserving a life interest for himself. After the deaths of both brothers, the widow of Rami Reddy sought parti…

The appellant, a mortgagor, obtained a decree for redemption of his mortgage which required payment of the mortgage amount and a sum for improvements. After depositing the decree amount, the respondent mortgagee filed applications under the Kerala Compensation for Tenants Improvements Act, 1958 and later under Section …

The landlord leased a shop‑cum‑flat to a tenant in 1963 and two adjoining flats in 1967. The tenant sub‑let those two flats to a sub‑tenant before the East Punjab Urban Rent Restriction Act, 1949 came into force in Chandigarh on 4‑Nov‑1972. After a compromise, the Rent Controller ordered eviction of the sub‑tenant for …

Jamunadas C. Tuliani, the landlord, sued five tenants and Arjun Khiamal Makhijani (defendant No.6) for eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging six months' rent arrears and illegal sub‑letting of a garage. The trial court decreed eviction on the grounds of rent default …

The appellant, Mis. K. Raheja Development Corporation, entered into development agreements with land owners and sale agreements with prospective purchasers to construct residential and commercial units for consideration. The State of Karnataka assessed turnover tax under the Karnataka Sales Tax Act, 1957, contending th…

Kiran Devi claimed that she was the rightful tenant of a hotel premises, asserting that the tenancy belonged to a joint Hindu family and that the Karta could not surrender it without the consent of other coparceners. The Patna High Court held that the tenancy was a joint family business, barred the Wakf Board from acce…

The appellants, successors of the late Chogyal Sir Tashi Namgyal, claimed ownership of plots 1013, 1014 and part of 1040 in Gangtok, alleging they formed part of the Chogyal's private estate. The respondents had constructed a hotel and other structures on the land, asserting that the plots had been acquired by the Sikk…

The landlord, Life Insurance Corporation of India, sought eviction of the tenant, Mis Bharat Sales Ltd., under Section 14(1)(b) of the Delhi Rent Control Act, 1958 on the ground of sub‑letting. The Additional Rent Controller, the Rent Control Tribunal and the Delhi High Court all held that the tenant had sub‑let the pr…

The tenant Kewal Singh occupied premises under a lease when the landlord Lajwanti filed an eviction suit under the Delhi Rent Control Act invoking sections 14A(1), 14(1)(e) and 14(1)(f). She later withdrew the bonafide necessity and repair grounds, then amended the suit to re‑insert the 14(1)(e) ground. The tenant chal…

The appellant, Lakshmi Narayanan, obtained an ex parte eviction decree against tenant S.S. Pandian under the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 and filed an execution petition. During execution proceedings the parties compromised: the tenant surrendered part of the premises and entered into a three‑y…

The landlord, I.M. Lal, obtained permission under Section 21 of the Delhi Rent Control Act, 1958, to let his newly built premises to Ramesh Khanna for a two‑year residential tenancy, after stating that he did not require the premises for that period. When the tenant refused to vacate after two years, the landlord sough…

The appellant, owner of a cinema theatre, entered into a sale agreement with the respondent for Rs. 94 lakh, of which Rs. 32.97 lakh was paid. The respondent filed a suit for specific performance, relying on a receipt (Ex A.15) for a further Rs. 4.03 lakh and claiming possession of the property. The trial court dismiss…

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 merely sought proof …

The appellants, landlords, obtained a trial decree for possession of a house in Memari, West Bengal, on grounds of rent arrears and need for demolition. The respondent appealed, and while the appeal was pending the West Bengal Premises Tenancy Act, 1956 was extended to Memari, introducing Section 13 which bars possessi…

The petitioners challenged the constitutionality of sections 14(1)(b), 16(2) and 30(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging that they were arbitrary, discriminatory and violated Article 14 of the Constitution. The case arose from an eviction order under section 14(1)(b) for demoliti…

Abhay Singh Surana, the landlord of a godown, sued Jayshree Textiles (later amalgamated with Indian Rayon) for eviction and faced a title suit for injunction. He applied under Clause 13 of the 1865 Letters Patent of the Calcutta High Court to have both suits transferred to the High Court, citing the respondent's dilato…

The respondents Akhlaq Hussain and Saqir Hussain exchanged a small parcel of land for a larger agricultural parcel owned by Mangal Singh, a member of a Scheduled Tribe, through a registered deed. The Assistant Collector declared the exchange void under Sections 157‑B and 161 of the U.P. Zamindari Abolition and Land Ref…

The case concerned a sale deed executed in 1961 that purportedly showed a minor as a major, allegedly obtained by fraud. The minor later sued in 1979 to set aside the deed and claim a share in the land. The trial court dismissed the suit as barred by limitation, but the appellate court held the deed void and said limit…

The appellant sought a declaration that certain properties belonged to a joint family and that a trust over them was void. A receiver was appointed with an injunction restraining any "transfer" of the properties. Grindlays Bank, the original tenant of four flats, surrendered two flats to Tata Finlay, and the receiver l…

The appellants, tenants of a premises in Bijnor, were sued for eviction in 1967 under the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947, on the ground that they had made material alterations to the building. Lower courts held the alterations were material and ordered eviction; the High Court affirmed…

The Supreme Court examined whether the freely transferable "replenishment licences" (R.E.P. licences) and later "Exim Scrips" issued under the Imports and Exports (Control) Act, 1947 constitute "goods" for the purpose of state sales‑tax statutes. The Court held that these licences have an independent market value, are …

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 provided by the Act…

The landlord, ARM Group Enterprises Ltd., owned premises that were leased to Allenberry & Co., who gave notice of surrender on 31‑Aug‑1953 but failed to hand over vacant possession. The tenant vacated under a compromise decree that reserved the landlord's right to evict any sub‑tenants. The restaurant Waldorf, initiall…

The Supreme Court examined appeals by Mahalaxmi Co‑operative Housing Society Ltd. against a High Court order that set aside trial‑court orders allowing the society to record a pursis (settlement) under Order XXIII Rule 3 of the CPC in two civil suits concerning land ownership. The Court held that the pursis was valid b…

The landlord sought eviction of the tenant under Section 14(1)(c) of the Delhi Rent Control Act, 1958, alleging that the premises were let for a composite residential and office purpose, which would disqualify the tenancy from protection. The lease deed contained a clause stating the premises were to be used for "Resid…