landlord-tenant relationship Archives

Security deposit in lease agreement not debt RDDBFI

Security deposit in lease agreement not “debt” under RDDBFI Act: Punjab and Haryana High Court

“Once security deposit does not fall within the purview of Section 2(g) of the Recovery of Debts due to the Banks and Financial Institution Act, 1993 defining “debt”, the Tribunal would have no jurisdiction, as per Section 17 of the same Act.”

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 High Courts

Punjab and Haryana High Court upholds eviction petition; considers admitted rate of rent to determine tenant’s arrears

In the case at hand, the demised premises had been taken for rent by the tenant at Rs 5500 per month in August 2003 with a 10% increase in the existing rent after every three years. The tenancy commenced in September 2004, and the tenant was stated to be in arrears of rent from February 2017 to November 2017.

Cases Reported Never Reported Judgments

Never Reported Judgment | Mere deposit of monthly rent by mortgagee not sufficient to establish landlord-tenant relationship between tenant’s mortgagee and landlord of leased property [(1953) 1 SCC 603]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on landlord-tenant relationship.

Case Briefs High Courts

Calcutta High Court questions reopening of issue of nullity of eviction decree by Tribunal after it being settled in execution proceeding under Section 47 of CPC

In the instant matter, the West Bengal Land Reforms and Tenancy Tribunal reopened the issue of nullity of eviction decree and held that the land in question was vested with the State.