Tenant

Case BriefsForeign Courts

SCOTUS decides to go with the landlords and end the federal moratorium on residential evictions imposed by the CDC

Supreme Court of The United States: While deciding upon the instant emergency application brought in by the Alabama Association of Realtors challenging

Case BriefsSupreme Court

“A classical case of how civil proceedings can be prolonged ad infinitum”, SC imposes costs of Rs. 1 lakh for dragging execution proceedings in an eviction case for 12 years

Supreme Court: The Division Bench comprising of Sanjay Kishan Kaul and R. Subhash Reddy, JJ., addressed the instant petition regarding landlord-tenant dispute,

Legislation UpdatesStatutes/Bills/Ordinances

Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021: Establishment of Rent Authority and Tribunals [Read Ordinance]

Governor of Uttar Pradesh promulgates the Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021 Purpose of the Ordinance: To establish Rent

Case BriefsHigh Courts

Raj HC | Petitioner failed to point out any averment or omission in eviction application that might invite application of Or. 7 R. 11 CPC: Court dismisses petition

Rajasthan High Court: Mahendar Kumar Goyal, J., dismissed a writ petition which was filed aggrieved by the order of the Rent Tribunal

Op EdsOP. ED.

Interplay of COVID -19 and Landlord – Tenant Dispute – An Unending Saga

by Ananth Kini*

Case BriefsForeign Courts

UK SC | Reasonableness is always fact-specific and decisions based on similar factual circumstances are not decisive

Supreme Court of the United Kingdom: A Full Bench of Lord Briggs (President), Lord Carnwath, Lord Hodge, Lord Wilson and Lady Arden,

Case BriefsForeign Courts

Malaysia CoA | New owner cannot claim entitlement to double rental on the basis of a tenancy agreement with previous owner

Malaysia Court of Appeal: A Full Bench of Hamid Sultan Bin Abu Backer, Hanipah Binti Farikullah, Kamaludin Bin Md Said, JCA overturned

Case BriefsHigh Courts

Del HC | Landlord entitled for judgment on admissions in a suit for ejectment where tenant unequivocally admits the ingredients to be established by the landlord

Delhi High Court: Sanjeev Sachdeva, J., allowed a petition that challenged the impugned order whereby petitioner’s application under Order 12 Rule 6 CPC

Case BriefsHigh Courts

Jhar HC | Courts cannot show sympathy on mere grounds of handicap while completely ignoring process of allotment of shop in question

Jharkhand High Court: Sujit Narayan Prasad, J. dismissed a writ petition under Article 226 of the Constitution of India whereby the petitioner sought

Op EdsOP. ED.

Himangni Enterprises v. Kamaljeet Singh Ahluwalia: A Critical Review 

by Dr Anirban Chakraborty† and Prakhar Agarwal††

Case BriefsHigh Courts

HP HC | Requirement by landlord’s family member is considered a requirement by landlord for ‘his own use’; eviction upheld

Himachal Pradesh High Court: The instant petition involved a question that whether the eviction of tenant could be ordered for settling married

Case BriefsHigh Courts

Sikkim HC | “Personal occupation” of landlord includes requirement of dependents; eviction decree confirmed in absence of special equities in favour of tenant

Sikkim High Court: Bhaskar Raj Pradhan, J. confirmed a decree of eviction passed against the appellant-tenant by the District Judge on the bonafide

Case BriefsHigh Courts

Del HC | Charge of criminal trespass under S. 447 IPC by person claiming to be tenant not maintainable in absence of proof of tenancy

Delhi High Court: Sanjeev Sachdeva, J., allowed a petition filed by the allottee of the subject shop who was charged with an offence

Case BriefsHigh Courts

Ker HC | Requirement of landlord’s consent for renewal of trade licence can be dispensed when relations between landlord and tenant are strained

Kerala High Court: The Division Bench of Hrishikesh Roy and A.K. Jayasankaran Nambiar. JJ. dismissed a writ appeal filed by landlord against

Case BriefsHigh Courts

Presumption of bona fide requirement to be drawn in favour of landlord; order of ARC evicting the tenant under DRC Act upheld: Delhi HC

Delhi High Court: A Single Judge Bench comprising of Vinod Goel, J. dismissed a revision petition filed against the order of the Additional

Case BriefsHigh Courts

A person can be a landlord even without having ownership rights

Punjab and Haryana High Court: A Single Judge Bench comprising of Gurvinder Singh Gill, J., dismissed a revision petition filed assailing the

Case BriefsForeign Courts

Landlord cannot be held liable for a repairing covenant without the knowledge of the disrepair under the Landlord and Tenant Act,1985

Supreme Court of United Kingdom: In an appeal filed by a Landlord against the liability from failure to keep ‘paved area outside

Case BriefsSupreme Court

Tenant can continue to occupy the leased premises even after expiration of agricultural lease on the basis of ‘holding over’ principle

Supreme Court: The 3-judge bench of Ranjan Gogoi, Arun Mishra and P.C.Pant, JJ, were hearing a reference to decide the question as