Valid Defenses Against Eviction for Tenancy Acquired Through Goodwill

2022 0 Supreme(AP) 424

Now on these aspects when there is no dispute, the question is whether one of the co-owners or co-landlords is capable of suing for eviction of a tenant. In Kanta Goel v. ... Assuming that the quit notice issued by the plaintiff is valid, whether the acceptance of monthly rents for 7 months after issuance of quit notice would not amount to waiver and whether institution of suit subsequently is permissible under law? D. .......

This obviously relates to the defence of eviction by title paramount which is open to a tenant under our law too, for which " actual physical dispossession is not necessary, but the eviction may be constructive or symbolic ", as Jayawardene A.J. said in Tillekeratne v. ... But there is no question of eviction by title paramount in this case since the respondent's position is not that he has been asked to pay rent to a t....

Eviction is defined by Voet 21, 2,1 as " the recovery by judicial process of our property which the opponent has acquired by a Justus titulus," i.e., purchase or gift. ... Action by lessee against trespassers and lessor-Misjoinder of parties- No cause of action against lessor till judicial eviction. ... the alternative damages against the lessor; the lessee has no cause of actio....

2024 0 Supreme(Mad) 1454

In these circumstances, the appellant has no valid ground to challenge the notice of eviction, dated 13.05.2000 as invalid in law. 9. ... The learned counsel for the appellant submitted that there was a lessor-lessee relationship between the plaintiff and defendant and hence the notice issued by the defendant treating the plaintiff as a licensee, is not at all valid. ... Subsequently, the prayer was amend....

Karnataka

The Lessor had issued a Goodwill amount receipt dated 17.05.2000. ... The Lessor had executed a receipt titled as Goodwill amount receipt on 17.05.2000. ... Furthermore, even according to the Lessees, they have paid the Goodwill amount to the Lessor even prior to the `18 lakhs as Goodwill amount has ... ') was that he is the absolute owner of the suit proper....

2024 0 Supreme(Cal) 575

Therefore the earlier status of Julekha Begum as Thika Tenant subsequently by execution of the said registered deed of sale converted into the status of absolute owner of the suit premises, since Calcutta Thika Tenency (Acquisition and Regulation) act 1981 came into force on 18-01-1982, long after when ... order passed by Trial court under section 17(3) of the act of 1956 is legal, valid and tenable in the eye of law 19. ... Since the #HL_S....

2023 0 Supreme(Mad) 3246

In the absence of any evidence to show such animus, merely because rent was received by lessor, it cannot be termed as waiver of its right of eviction. 12. ... Even otherwise, mere acceptance of rent by the lessor after notice to quit would not amount to waiver of right of eviction. The acceptance of rent must be accompanied by animus to treat person making the payment as tenant. ... Therefore, the notice to quit issued by....

2024 0 Supreme(Cal) 42

Therefore the earlier status of Julekha Begum as Thika Tenant subsequently by execution of the said registered deed of sale converted into the status of absolute owner of the suit premises, since Calcutta Thika Tenency (Acquisition and Regulation) act 1981 came into force on 18-01-1982, long after when ... Since the defence of the defendant has been struck off, under section 17(3) of the Act and since relationship between the parties as lan....

2024 0 Supreme(Bom) 590

, (2010) 10 SCC 422 - Parties securing benefit of an order cannot later claim that it is valid for one purpose and not valid for another. Impermissibility to blow hot and cold or to approbate and reprobate. ... He would submit that once pleadings are filed, evidence must follow unless there is an exceptional circumstance such as striking off defence where a party is prevented from leading evidence. ... If Goodwill believes....

2023 0 Supreme(Jhk) 1377

Rent & Eviction) Control Act. ... On the contrary Section 11(1)(d) provides a ground for eviction of the tenant in the eviction suit. ... the Bihar Building (Lease, Rent & Eviction) Control Act. ... Rights of lessor's transferee - If the lessor transfers the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall posses....

2022 0 Supreme(All) 1161

Such a procedure if complied with alone will be valid defence to a petition for eviction on the ground of arrears of rent. Such a procedure if complied with alone will be a valid defence to a petition for eviction on ultimate order of eviction passed against the tenant will have to be upheld.

2018 0 Supreme(All) 1730

Such a procedure if complied with alone will be a valid defence to a petition for eviction on the ground of arrears of rent." Law prescribes the procedure as to the deposit under U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

2010 0 Supreme(All) 3432

“Law prescribes the procedure as to the deposit under U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. 41. In Jagat Prasad v. District Judge, Kanpur, 1995 (2) ARC 360, relied upon by the landlord, the Apex Court has held though in a slightly different context under Order 15 Rule 5 C.P.C that the law prescribes the procedure as to deposit under the U.P. Act No. 13 of 1972. Such a procedure if complied with alone will be a valid defence to a petition for evict....

2005 6 Supreme 334

Therefore, even accepting the defence the ultimate order of eviction passed against the tenant will have to be upheld. Such a procedure if complied with alone will be a valid defence to a petition for eviction on the ground of arrears of rent. Law prescribes the procedure as to the deposit under U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

2000 0 Supreme(Mad) 9

Therefore, even accepting the defence the ultimate order of eviction passed against the tenant will have to be upheld…..” (Italics supplied). Law prescribed the procedure as to the deposit under U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Such a procedure if complied with alone will be a valid defence to a petition for eviction on the ground of arrears of rent.