Can Non-Resident Apartment Owners Be Members of the Owners' Association?

2022 0 Supreme(UK) 441

the registration of the writ petitioner-association has been cancelled, the rights of the appellant, who claims to be the tenant of the respondent-Association have not been protected. ... Learned counsel for respondent-Association appears and fairly states that the respondent-Association shall not execute the eviction decree, even if passed, till the pendency of the writ petition. 4. ... . - The appellant....

2024 0 Supreme(Mad) 2309

(i)in the case of residential building, had been living with the tenant in the building as a member of the tenant's family up to the death of the tenant, and (ii)in the case of a non-residential building, had been in continuous association with the tenant ... As already discussed and being handicapped by absence of the pleadings and evidence adduced by the parties before the Rent Controller in the eviction proceedings, I ....

2023 0 Supreme(Telangana) 404

He relied upon the following judgments in support of his contentions that where a tenant is holding over after determination of tenancy by efflux of time, no notice is required for institution of a suit for eviction of such tenant: (a) Sevoke Properties Ltd ... Who are the persons who can be considered as others, is not specified by the Government i.e., whether they are only the sub tenants or even third parties who are interested to purch....

2024 0 Supreme(P&H) 461

Whether there is relationship of landlord and tenant from the shop in dispute on the ground of non-payment of arrears of rent etc. as alleged ? OPA 2. ... Whether the respondent is liable to be ejected from the shop in dispute on the ground of non-payment of arrears of rent etc. as alleged ? OPA 3. Whether the respondent has ceased to occupy the premises in dispute ? If so, its effect ? OPA 4. ... Whether....

2022 0 Supreme(AP) 424

Now that one would have to see whether a tenant by merely having discussion with a woman could conclude that it is that woman who is the landlady. ... 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. ... Whether the suit could have been filed by the plaintiff who is one of the sons of ....

Accordingly, as the learned District Judge held, the Court is not entitled to adjudicate on the question whether or not the defendant was a member of the household of the deceased tenant during the required period. ... tenant (whether in those premises or in any other premises) during the whole of the period of three months preceding his death, shall be entitled to give written notice to the landlord, before the tenth....

2024 0 Supreme(Cal) 1325

On the conspectus of the aforesaid arguments advanced before us and the facts discerned from the record, the seminal points involved in the instant appeal are whether the spouse of a deceased is regarded as a tenant during her lifetime in respect of a non-residential tenancy and whether the payment and ... The question thus boils down, as involved in the instant case, is whether the period of 5 years enshrined in Section 2....

2023 0 Supreme(UK) 457

On the exchange of pleading of the parties, Judge, SCC framed the following issues:- (i) Whether there exists landlord-tenant relationship between the respondent/plaintiff and revisionist/defendant? ... (iii) Whether the tenancy of the revisionist/defendant has been terminated vide notice dated 27.12.2016 issued u/s 106 of T.P. Act? (iv) Whether the revisionist/defendant is entitled to get the benefit of Section 20(4) of ....

2024 0 Supreme(Cal) 575

(b) As to whether on the materials on record the order striking out defence of the tenant/defendant under sub-section (3) of Section 17 of the West Bengal premises Tenancy Act, 1956 was legal. 8. Mr. ... In fact the Trial Court has based its decision regarding the landlord-tenant relationship only on the basis of sale deed in favour of the plaintiffs and he ought to have considered whether any agreement of tenancy or rent....

He added that in that particular case it was not necessary to decide whether in such an action the over-holding sub-tenant and the tenant whose rights had been extinguished could properly be jointed as co-defendants in the same proceedings. ... R. 59.] my brother Nagalingam, sitting alone, held that the joinder of the sub-tenant in an action by the landlord against his tenant was improper but that th....

2014 0 Supreme(Chh) 122

15. Again, the Supreme Court in case of Jaswant Singh Mathurasingh and another v. Ahmedabad Municipal Corporation and others : AIR 1991 SC 2130 has held as under:-- "8. Therefore, a tenant or a sub-tenant in possession of a tenement in the Town Planning Scheme is a person interest within the meaning of Rules 21(3) and (4) of the Rules. The question is whether the tenant or a sub-tenant is a person interest and is entitled to notice. It is obvious that under S. 105 of Transfe....

2012 0 Supreme(Ker) 842

But, it was reiterated that if the tenancy devolves on more than one person and one of the co-heirs obtains a purchase certificate, it will inure to the benefit of the other co-heirs. The Appellate Authority held that the individual was only an employee of the Association and the real tenant was the Association itself. Here, an Association and an individual; both obtained two separate purchase certificates with respect to the very same land. It was clarified that in a proceed....

2003 0 Supreme(P&H) 1355

5. On the pleadings of the parties, the Rent, Controller framed the following issues (The issues are being reproduced from the original order of the Rent Controller):- (1) Whether the respondent No. 1 is not a tenant and only a surety? (2) Whether the respondent No. 2 is a direct tenant under the applicant?

2002 0 Supreme(Cal) 360

A list of tenants has been annexed claiming that the petitioner No. 1 is representing such tenants. Admittedly the petitioner No. 1 Association is not the tenant of the premises in question. ( 1 ) THE Court: The Tenant's Welfare Association petitioner No. 1 herein made this writ petition by the pen of one Sri Mahendra Kumar Sanghai, respondent No. 2 herein claimed to be the Secretary of such Association. But neither they have not made parties to the writ petition nor they hav....

1996 0 Supreme(Mad) 928

In other words, the sine quo non to claim the benefit under Sec.2(8)(ii) of the Act is that the person claiming to be a tenant must be associated with the deceased tenant in the business on a non-residential activity which is carried on by the deceased tenant in the premises. It is therefore clear that the definition of ‘tenant’ in Sec.2(8) of the Act not only envisages heritable relationship but also association with the business carried on by the deceased tenant in the premises till his deat....