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Supreme Court

Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

27 Aug 2020

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

Supreme Court

Supreme Court Allows Landlord's Appeal in Rent Dispute Over Unregistered Rent Note — Holds Monthly Tenancy Not Requiring Registration Under Section 17(1)(d) of Registration Act, 1908. The Court Remits Matter to Appellate Court to Determine Whether Tenant Defaulted in Payment of Rent and House Tax Under East Punjab Urban Rent Restriction Act, 1949.

17 Jun 2020

The appeal arose from a landlord-tenant dispute concerning a shop in Punjab. The appellant-landlord, Siri Chand (since deceased, represented by legal ...

Supreme Court

Supreme Court Allows Appeal in FCI Lease Dispute — Agreement to Lease Not a Lease Under Section 105 of Transfer of Property Act, 1882. The Court held that the agreement dated 16.12.1976 was an agreement to enter into a lease, not a lease itself, as it did not create a present and immediate interest in the land.

13 May 2020

The present appeal arises from a judgment of the High Court of Madhya Pradesh which allowed the appeal of the Food Corporation of India (FCI) and dism...

Supreme Court

Supreme Court Allows Tenant's Appeal in Kerala Rent Control Case — High Court Exceeded Revisional Jurisdiction by Reappreciating Evidence. Landlord's Bonafide Requirement for Additional Accommodation Under Section 11(8) of Kerala Building (Lease and Rent Control) Act, 1965 Cannot Be Based on Vacant Rooms in Other Buildings.

1 Jan 2020

The case involves a tenant (appellant) occupying two shop rooms in a building owned by the landlord (respondent) in Kerala. The landlord filed evictio...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case — Order II Rule 2 CPC Bar Applicable for Successive Alienations. Two separate sale deeds by same vendor to same vendee on different dates constitute distinct causes of action, but suit for second alienation is barred if not included in earlier suit when cause of action was same.

10 May 2019

The Supreme Court considered an appeal against the High Court's judgment that set aside the concurrent findings of the trial court and first appellate...

Supreme Court

Supreme Court Upholds High Court's Interpretation of Lease Deed in State of Bihar v. Tata Iron & Steel Co. Ltd. — Interest on Arrears of Rent Calculated on Lump Sum Basis, Not Per Annum, Under Clause (xii) of Lease Deed. The Court held that the absence of the words 'per annum' in Clause (xii) of the Lease Deed was deliberate and the demand for interest on a yearly basis was illegal.

9 May 2019

The case involves a dispute between the State of Bihar (now Jharkhand) and Tata Iron & Steel Co. Ltd. regarding the calculation of interest on arrears...

Supreme Court

Supreme Court Allows Appeal in Lease Dispute Over Requirement of Notice Under Section 106 of Transfer of Property Act. Tenant at Sufferance Does Not Require Notice for Eviction Under Section 106 of Transfer of Property Act, 1882.

11 Apr 2019

The dispute concerns a plot of land in Siliguri, West Bengal, leased by the appellant to the respondent for 15 years under an unregistered indenture d...

Supreme Court

Supreme Court Allows Appeals and Remands Second Appeals to High Court for Fresh Disposal Due to Procedural Non-Compliance Under Section 100 CPC. High Court Dismissed Second Appeals on an Un-Framed Question Without Following Mandatory Procedure Under Section 100(5) CPC.

12 Mar 2019

The appellant, Tanuku Taluk Village Officers' Association, filed two civil suits against Tanuku Municipality and others: one for permanent injunction ...

Supreme Court

Supreme Court Allows Port Trust to Seize and Dispose of Third-Party Goods Under Section 6 of Public Premises Act. The Court held that Section 6 of the PP Act is independent of the Major Port Trusts Act and permits disposal of goods found on public premises even if they belong to third parties without privity of contract.

21 Feb 2019

The Supreme Court considered appeals arising from a Full Bench reference of the Calcutta High Court concerning the interpretation of Section 6 of the ...

Supreme Court

Supreme Court Allows Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

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