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63 judgments · newest first · showing 1–63
Asha Rani Gupta, the plaintiff‑lessor, filed an eviction suit against Sri Vineet Kumar, the defendant‑lessee, for non‑payment of rent and damages. The trial court struck off the defendant’s defence under Order XV Rule 5 of the CPC for failing to deposit the admitted rent, a decision affirmed by the …
The landlord served a legal notice on 22‑12‑2007 under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, terminating the tenancy within 30 days. An eviction application was filed on 20‑11‑2008, well after the six‑month period prescribed in the …
The appeal concerned a non‑residential premises let to a partnership between Pradeep Kumar (successor‑in‑interest of the original tenant) and Subhash Chand, approved by the District Magistrate in 1982. Both partners later died (Pradeep Kumar on 21‑May‑2004 and Subhash Chand on 25‑Jun‑2014) and the …
In 1994 the landlord filed a suit for possession, rent and mesne profits against the tenant, who failed to file a written statement, leading to an ex‑parte decree in 1998. The tenant later filed an application under Order 9 Rule 13 of the CPC (and Section 5 of the Limitation Act) on 25 August 1998 …
The appellant, Santosh Chaturvedi, filed a petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 seeking release of a shop premises occupied by the respondents. The prescribed authority dismissed the petition on the ground that the appellant …
Om Prakash and another, joint owners of a property, filed an eviction suit under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 against Mishri Lal (deceased) represented by his legal heirs. The tenants admitted tenancy under the appellants' grandmother but denied the …
The appellant, a retired army officer, owned a shop in Almora and sought eviction of the tenant under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide need to start a business for his physically disabled son. The trial court …
In a suit for permanent injunction, the parties entered into a compromise decree dated 06‑09‑1996 requiring the defendant to pay a sum within six months. The defendant failed to pay, and the decree-holder filed an execution petition on 17‑02‑1997, before the six‑month period had expired. The …
The appellants, tenants of two 240 sq ft shops, were originally paying Rs 60 per month. After a landlord‑tenant dispute, the High Court Single Judge stayed their eviction and first raised the rent to Rs 600 per month (Sept 2005). In Feb 2007, following a landlord’s offer and the tenants’ acceptance, …
The respondents filed a suit for ejectment and arrears of rent under the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, alleging that the defendants had illegally sub-let the property to the petitioner. The Provincial Small Cause Court decreed in favour of the respondents, …
The appellants, heirs of Smt. Devki Devi, sought to recover a shop that had been allotted to a manager through ex‑parte orders under Section 16(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. They filed a writ petition in the High Court, which after the creation …
The appellant, Deep Chandra Juneja, occupied the ground floor of a house in Kanpur owned by Smt. Lajwanti Kathuria since 1972. The landlady filed a second release application under Section 21(1)(a) of the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide …
The appellant, a 76‑year‑old widow, sought to retain a shop that had been occupied by her deceased husband for over 50 years, claiming she needed it for her livelihood. The respondent, a retired army officer drawing a modest pension, applied to the Chief Judicial Magistrate for release of the same …
The mother of the respondents, as landlord, filed an eviction petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking to recover a shop on the ground of bona‑fide requirement for her grandson's business. The trial court dismissed the …
The landlady sought eviction of the tenants under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming she needed the premises to run tuition classes to augment her meagre pension. The prescribed authority rejected the application, but the …
The landlord, Munni Devi, sought eviction of the tenants, Manoj Kumar and others, under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming the building was dilapidated and needed demolition for a new business and for her son’s employment. The …
Landlords filed a suit for ejectment against Smt. Sudha Rani Garg under Section 106 of the Transfer of Property Act, claiming the tenancy was at will. The tenants contended that the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 applied, which provides a ten‑year …
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 …
The landlord, Swami Ashanand, a sanyasi, owned a building in Haridwar occupied by four tenants. He filed an eviction suit under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking demolition and reconstruction to create a residence, temple, and …
The landlady Sushila purchased a shop in 1977 and sought its eviction under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, to accommodate her married, unemployed son Prem Prakash who had an electrical‑wiring certificate and wanted to start a …
The appeal concerned a suit for recovery of rent arrears and eviction filed by landlords against a tenant under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The trial court held that the first hearing was on 20 May 1980 and dismissed the tenant’s claim of having …
The Commissioner of Customs, Mumbai initiated recovery proceedings against Mis. Virgo Steels and Associated Cement Company Ltd for duty‑free steel imported after the cement project was abandoned, in violation of the Deemed Export Scheme. Virgo Steels admitted the illegality in a letter, expressly …
Ganesh Trivedi bought a residential premises in Kanpur from landlord Jagdamba Prasad Awasthi. The premises had been let to Suraj Prasad, who died in 1985 leaving his brother Deo Narain as the sole heir and occupant. Vikas Shukla applied to the Rent Controller to have the premises declared "deemed …
The landlord filed a suit in the Allahabad Court of Small Causes under the U.P. Urban Buildings Act for arrears of rent and eviction, which was decreed ex‑parte and executed. The tenants applied under Order 9 Rule 13 of the CPC to set aside the decree but neither deposited the decretal amount nor …
The landlord filed an eviction petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming the premises were needed for his son’s medical clinic and his own radio‑repair business. The prescribed authority ordered eviction in 1982; the …
The appellants, landladies, obtained permission under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 to evict a tenant on the ground of a bona‑fide requirement to shift a nursing home. The suit filed on that permission was later withdrawn without any liberty to re‑file. …
The landlord of a shop served a notice on 8 October 1972 to enhance rent under Section 5 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, but the tenant received it on 19 October, after the three‑month deadline that expired on 16 October 1972. The tenant refused to …
The landlord filed an eviction suit in 1976 after a shop was reconstructed in 1970. The tenant, Gian Chand, claimed he remained a statutory tenant under the United Provinces (Temporary) Control of Rent and Eviction Act, 1947, and argued that the exemption period of ten years under the U.P. Urban …
The landlord filed an eviction suit under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming that the shop occupied by the tenant was a newly constructed building first assessed for house tax on 1 April 1982, and therefore exempt from the Act’s protective …
The appellant, Mohd. Nazir, was allotted a building in Banaras under an order dated 17 May 1995 pursuant to Section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. After being put in possession, he was ousted by the landlord and a dancing girl with two musicians …
The appellant, a tenant inducted in 1973, challenged an eviction suit filed by the landlord in 1990, arguing that the suit was barred under Section 20 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 because the ten‑year exemption period for newly constructed …
Ashok Kapil, a former tenant, applied to the District Magistrate for allotment of a premises owned by Sana Ullah under Section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord objected that the structure was not a "building" because its roof had been …
The petitioners, tenants, challenged the validity of Order 15 Rule 5 of the Code of Civil Procedure, which had been inserted by the Uttar Pradesh Civil Laws (Amendment) Act, 1972 and later amended by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976, on the ground that it was repugnant …
The appellant, Harish Tandon, sought eviction of tenants occupying a shop in Allahabad after the original tenant died and his heirs continued the business. The heirs admitted the original tenant's son‑in‑law as a partner in the firm, which the landlord claimed created a deemed vacancy and deemed …
The appellant, a landlord, sought a release order for a residential building that had become vacant under Sections 12(3) and 12(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The former tenants, who were joint heirs of the deceased tenant, filed an application …
The landlord filed a suit for ejectment and recovery of rent arrears against the tenant. The tenant applied for time to file a written statement and to deposit the entire arrears under Section 20(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming that the …
The appellant, Chetar Sen Jain, had taken a lease of premises in 1958 and continued possession, first as a residence and later as a godown under a fresh oral lease in 1971. In 1982 the landlord alleged a "deemed vacancy" and sought allotment of the premises under Section 12(3) of the U.P. Urban …
The case arose from an eviction suit filed by Shashi Srivastava, who, along with her sister Sarojini Sinha, succeeded to a property after their father's death. Shashi, acting as the manager of the house, had inducted Harpal Singh Chauhan as tenant; later his wife Kamla Chauhan claimed tenancy and …
The landlord filed an eviction suit in June 1977 against a tenant after serving a notice under Section 106 of the Transfer of Property Act. The house was constructed in August 1968, and the landlord argued that the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 did not …
Vinaya Kumar Shukal, the owner of a plot let to Lakhat Ram in 1957 at a rent of Rs.170 per annum, sought fixation of a new rent under Section 29-A of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 after a building was erected on the land. The Delegated Authority …
The landlord Suresh Chand let a premises completed in 1967 to tenant Gulam Chisti and filed an eviction suit on 27 May 1972, before the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 came into force on 15 July 1972. The tenant later deposited the arrears of rent and costs …
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 …
The petitioners, tenants of newly constructed buildings in Chandigarh, challenged the constitutional validity of Section 3 of the East Punjab Urban Rent Restriction Act, 1949 and a 1974 notification that exempted such buildings from Section 13 for five years. They argued that the exemption was …
The appellant, a tenant, was sued for eviction and recovery of rent arrears dating back to 1968. An ex parte decree was set aside in 1977, after which the tenant deposited Rs.2,912 on 30 May 1977, claiming that date to be the first hearing. He later sought to amend his pleadings to include …
The tenant A.C. Duti challenged the order of the Appellate Authority that allowed the landlord to recover possession of the ground floor of a three‑storey house on the ground of the landlord's own requirement. The landlord had previously applied for eviction in 1967 under the 1947 Rent Act, which …
The premises in Rae Bareli were originally let to M/s. Dhacca Swastik Aushadhalaya in 1946-47. The Aushadhalaya ceased operations in 1976, but its employee, Hirday Ranjan Chakraborty, continued to occupy the shop and paid rent in the name of the former tenant. The appellant, brother‑in‑law of the …
The landlord, Atma Ram Mittal, filed a suit for possession of a shop he let to Ishwar Singh Punja, relying on Section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, which exempts buildings completed after the Act’s commencement for ten years. The building was completed in June …
The landlords of Prem Talkies obtained vacant possession of the building in 1984 and later intended to let it out as a fully equipped cinema theatre to the Mehrotras. The appellant, Satya Narain Pandey, applied for allotment of the building under the U.P. Urban Buildings (Regulation of Letting, Rent …
The landlord obtained permission to evict tenants under Section 3 of the 1947 U.P. Temporary Control of Rent and Eviction Act, which became final after a rejected revision. He filed a suit for eviction, which was later dismissed on a technical ground. Subsequently, relying on Section 43(2)(rr) of …
The appellant, D.K. Soni, a tenant, challenged an order allowing the landlord, P.K. Mukerjee, to evict him on the ground of personal need under the U.P. Temporary Control of Rent and Eviction Act. The landlord obtained a final permission for eviction before the 1972 Urban Buildings Act came into …
The appellants, tenants of a shop let on 25 June 1976, faced an eviction suit filed by the landlord, SMT. Samundri Devi. The trial court dismissed the suit, but the Allahabad High Court set aside that order and decreed eviction. The tenants appealed, contending that the U.P. Urban Buildings …
Sham Lal, a statutory tenant, was sued for eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for alleged non‑payment of rent. The summons returnable date was 26‑06‑1969, on which the tenant appeared and sought an adjournment; the written statement and tender of arrears …
The case concerned a government servant, S.P. Jain, who was ordered to vacate his government‑allotted quarters and sought immediate possession of the first floor of his own house in Meerut cantonment, which was let to K.M. Gupta. Jain filed an eviction petition under sections 24B and 24C of the U.P. …
The appellant, a tenant, continued to pay rent by depositing it in the Munsif's court under Section 30(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 after the landlord's heirs refused to accept his tender. The landlords served a notice demanding vacating the …
Mauji Ram Gupta owned a two‑storey house; the ground floor was occupied by him and the first floor became vacant. He applied for release of the vacant floor under s.16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, but the application was rejected and the floor was …
The landlord (respondent) leased a shop in Baroda to Bai Maniben Dhirajlal Shah for a monthly rent of Rs. 22. After her death, Maniben bequeathed her tenancy right under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 to Bhavarlal Labhchand Shah (petitioner) by a will, which was …
The landlord Jagmohan Saran sought a declaration that a shop leased to tenant Harbans Lal was vacant under Section 12(1)(b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, alleging that Lal had sub‑let it to Yadram and his son Madan Lal, who were not family members. …
Naubat Singh was the tenant of a shop in Bulandshahr when the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 came into force. After his death in 1974, landlord Ratan Lal sought eviction under the Act. Jaspal Singh, the nephew of the deceased, claimed he was an …
The petitioners challenged three notifications issued by the Chief Commissioner of Chandigarh under Section 3 of the East Punjab Urban Rent Restriction Act, 1949 (as extended to Chandigarh), arguing that the section delegated excessive legislative power, violated Article 14, was ultra‑violet of the …
The appellant, a tenant, occupied a shop on 16 June 1967. The landlord sought eviction, arguing that the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 did not apply because the building was within the ten‑year exemption period. The lower courts held that the date of …
The appellant, Babu Singh Chauhan, was allotted a residential unit by the Rent Control and Eviction Officer after the previous tenant gave notice to vacate. The landlady, Rajkumari Jain, was not consulted for a nomination despite her ownership and partial occupation of the building, and her …
The landlord sued the tenant for eviction under Section 20(2)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, alleging rent arrears of at least four months. The tenant denied any arrears, contending that he had stood surety for the landlord’s sales‑tax dues and …
Pradesh Kumar Bajpai, the landlord, sued Binod Behari Sarkar for eviction, arrears of rent and mesne profits. The tenant argued that, despite the Uttar Pradesh (Temporary) Control of Rent and Eviction Act being applicable, he was entitled to the relief under Section 114 of the Transfer of Property …
