eviction proceedings Archives

Eviction suits exclusive to Rent Controller

Jharkhand HC: Eviction Suits Under Rent Act Fall Exclusively Within Rent Controller’s Jurisdiction; Commercial Courts Have No Role

The Court held that eviction proceedings under the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 lie exclusively within the jurisdiction of the Rent Controller/Sub-Divisional Officer and that the Commercial Courts Act, 2015 does not apply even where the property is used for trade or commerce.

Case Briefs Supreme Court

Statutory Bodies Cannot Undermine Finality of Judicial Orders; Supreme Court Declares Rent Authority’s Restoration Order Void for Exceeding Jurisdiction

“Jurisdiction especially at the level of the trial courts is a creation of specific statutes and the learned judges must be cognizant, always of the differences in the jurisdiction conferred upon them thereby.”

Case Briefs High Courts

Delhi High Court: Sale, purchase or lease of other properties by landlord not an impediment to file eviction proceedings

“With respect to the bona fide requirement of the landlord, the landlord was only to make out a legitimate case setting out the plausible reason which are not fanciful and unreasonable to establish a bona fide requirement of the subject premises.”

Case Briefs Supreme Court

‘The very concept of family is being eroded’; SC dismisses appeal seeking eldest son’s eviction

Supreme Court pointed out that the provisions of the Senior Citizens Act, nowhere specifically provides for drawing proceedings for eviction of persons from any premises owned or belonging to such a senior person.