PUSHPENDRA SINGH BHATI
Santosh Verma – Appellant
Versus
Govind – Respondent
| Table of Content |
|---|
| 1. background on tenancy and eviction suits (Para 2 , 3 , 4 , 5) |
| 2. details on the eviction petition process (Para 6 , 7 , 8 , 9 , 10) |
| 3. appeal after rent tribunal's judgment (Para 11) |
| 4. arguments on sub-letting and legal implications (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. citations from precedent cases on tenancy law (Para 20 , 21 , 22 , 23 , 24) |
| 6. legal definitions and requirements for eviction (Para 25 , 26 , 27 , 28 , 29 , 30) |
| 7. final application of legal principles to the case (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 8. termination of case and final decision (Para 46 , 48) |
ORDER
Dr. Pushpendra Singh Bhati, J. - This writ petition has been preferred claiming the following reliefs:
2. As the pleaded facts would reveal, one Smt. Hukam Kanwar w/o Late Shri Chatur Singh Shaktawat (hereinafter referred to 'as original landlady") let out, on rent, a shop situated outside Surajpole, Opposite Ashok Cine
Abdul Aziz vs. Mohd. Yaqub 1971 RCJ 492
Associated Hotel of India Ltd.
Benjamin Premanand Rawade(Dead) by Lrs. vs. Anil Joseph Rawade 1998 (9) SCC 688
Bharat Dharma Syndicate vs. Harish Chandra
Dev Kumar (Died) through LRs vs. Smt. Swaran Lata & Ors.
Durga Prasad vs. Mst. Parveens & Ors.
Ganpat Ram Sharma & Ors. vs. Smt. Gayatri Devi & Ors.
Government General in Council vs. Mahabir Ram AIR 1952 All 891 (FD
Hasmat Rai & Anr. vs. Raghunath Prasad
Indian Trade and General Insurance Company Limited vs. Union of India
Jagdish Prasad vs. Angoori Devi (1984 (3) SCR 216
Jaswant Raj Soni vs. Prakash Mal
Koratala Leela Satya Sai vs. Ghanta Dharma Rao
M/s. Shalimar Tar Products Ltd. vs. H.C. Sharma & Ors. (1988 (1) SCR 1023
Prem Prakash vs. Santosh Kumar Jain & Sons (HUF) & Ors.
Ram Krishna Ram Nath Shop vs. Union of India
Smt. Krishnawati vs. Shri Hans Raj (1974) 1 SCC 289
Union of India vs. Pan-durang Kashinath
The court ruled that to establish sub-letting under the Tamil Nadu Buildings (Lease and Rent Control) Act, the landlord must prove the tenant has transferred exclusive possession, which was not done ....
Upon the expiration of a lease, if not renewed, the tenancy reverts to a month-to-month basis, which can be terminated with proper notice.
Point of Law : Findings rendered by the courts below were well supported by evidence on record and could not even be said to be perverse in any way. The High Court could not have re-appreciated the e....
A co-owner can maintain an eviction petition without other co-owners' consent, provided there are no objections, reaffirming that the landlord-tenant relationship must be established for eviction und....
The court upheld the eviction order, confirming the landlords' bona fide need for the tenanted premises under the Delhi Rent Control Act, 1958, despite the tenants' claims of independent tenancy.
The main legal point established is that sub-tenants must obtain written permission for sub-letting and provide a written notice of sub-tenancy to the landlord to be eligible for protection under the....
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