SANDEEP V. MARNE
Anil Joginder Sachdev – Appellant
Versus
Balasaheb Hiralal Zad – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. Applicants-tenants have invoked revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (Code) challenging the judgment and decree dated 1 January 2018 passed by District Court, Pune in Regular Civil Appeal No. 720 of 2011 confirming the judgment and decree dated 29 September 2011 passed by Additional Small Causes Court, Pune in Regular Civil Suit No. 668 of 1999. The suit filed by the Plaintiffs-landlords has been decreed on the ground of arrears of rent, destruction/injury to the suit premises and erection of permanent structure inside and outside the suit premises. The decree has been confirmed by the Appellate Court.
(A) FACTS
2. Shop admeasuring 150 square feet situated on ground floor of the building at CTS No. 545 Sadashiv Peth, Laxmi Road, Pune, are the ‘suit premises’. The house property bearing No. 545 was originally owned by Shri Sarjerao Jadhav, who had inducted Defendants' father as a tenant in respect of the suit premises. Plaintiffs-landlords purchased the house property No. 545 from the previous owner on 17 December 1979 and became landlord of Defendants. Defendants operate business in the name o
Arunachalam (Died) through LRs. and another Vs. Thondarperienambi and another
Brijendra Nath Vs. Harsh Wardhan
British Motor Car Co. Vs. Madan Lal Saggi (Dead) and Anr. (2005) 1 SCC 8
Digambar Hari Sonpatki vs. Kishnichand Nerumal Parwani
G. Arunachalam (Died) through LRs. and anr. Vs. Thondarperienambi and Anr. AIR 1992 SC 977
G. Raghunathan Vs. K.V. Varghese
G. Raghunathan vs. K.V. Varghese
Ganpat Ram Sharma and others vs. Gayatri Devi
Gurbachan Singh Vs. Shivalak Rubber Industries
Gurudev Singh vs. Surinder Kumar Sharma and others
Hari Rao vs. N. Govindachari and Anr. AIR 2005 SC 3389
Jaywant S. Kulkarni & Ors. vs. Minochar Dosabhai Shrof f & Ors. (1988) 4 SCC 108
Keshavji Ramji Sanghavi vs. Smt. Sulochanabai Ramkrishna Mirwankar
Pandurang Dhondi Chougule and Ors. vs. Maruti Hari Jadhav and Ors. AIR 1966 SC 153
Parvati Kevalram Moorjani vs. Madanlal Anraj Porwal and Others
Siddalingamma and Anr. vs. Mamtha Shenoy
Somnath Krishnaji Gangal vs. Moreshwar Krishnaji Kale
V.L.G. Pitti vs. Bridge Brothers
Vasant Ganesh Damle vs. Shrikant Trimbak Datar & Ors. (2002) 4 SCC 183
A landlord cannot seek eviction on arrears of rent if the statutory notice has not followed the deadline provision while unauthorized constructions can justify eviction if they are proven to cause de....
Permanent alterations made by a tenant without landlord consent constitute grounds for eviction under Section 13(1)(b) of the Bombay Rent Act.
Important Point : The court upheld the eviction decree based on unlawful subletting and unauthorized structural alterations, interpreting lease provisions to restrict successive subletting without la....
Alterations made without permission by a tenant constitute grounds for eviction under sections 13(1)(a) and 13(1)(b) of the Bombay Rent Act, invalidating contrary findings of the appellate court.
Unauthorized alterations became permanent constructions without landlord consent, justifying eviction under Section 13(1)(b) of the Bombay Rent Act.
The judgment establishes that the erection of permanent structures by a tenant without the landlord's consent, in violation of Section 16(1)(b) of the Maharashtra Rent Control Act, 1999, can lead to ....
Tenant's unauthorized construction on adjoining land caused nuisance, justifying eviction under tenant protection laws, while landlord retains rights as adjoining occupier despite not residing nearby....
Eviction under Rent Act requires definitive evidence of permanent structures, including their nature and impact, which was insufficiently established in this case.
Tenants must not make permanent alterations without consent; violations justify eviction under tenancy laws.
Material alterations affecting rented property must permanently diminish value from the landlord's perspective to qualify for eviction under relevant law.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.