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Shri R K Kainth Through Rakesh Kainth, ... vs Shri Swadesh Kumar Bhagi & Ors. on 18 November, 2020
cites
The Delhi Rent Control Act, 1958
The Code of Civil Procedure, 1908
South Eastern Coalfields Ltd. vs State Of M.P. And Ors. on 13 October, 2003
In South Eastern Coalfields Ltd. v. State of M.P.
this Court while dealing with interim orders granted in favour of
any party to litigation for the purpose of extending protection to it,
effective during the pendency of the proceedings, has held that
such interim orders, passed at an interim stage, stand reversed in
RC.REV.
Olga Tellis & Ors vs Bombay Municipal Corporation & Ors. Etc on 10 July, 1985
After all, in the words of Chief Justice Chandrachud, speaking for
the Constitution Bench in Olga Tellis v. Bombay Municipal
Corpn.: (SCC p. 574, para 35)
"Common sense which is a cluster of life's experiences, is
often more dependable than the rival facts presented by
warring litigants.""
State Of Maharashtra & Anr vs M/S Super Max Internationalp.Ltd.& Ors on 27 August, 2009
In Super Max (supra), the Supreme Court further held that
ordinarily the amount directed to be paid by the tenant over and above the
contractual rent, should be asked to be deposited in court and the
deposited amount along with interest be paid to the party succeeding in
such appeal/revision at the end of such proceedings. It was held that in
case the court decides that this amount be paid to the landlord during the
pendency of the proceedings, conditions should be put to ensure that the
same is returned back by the landlord to the tenant in the event of his/her
success.
Section 2 in The Delhi Rent Control Act, 1958 [Entire Act]
M/S Sushi Enterprises Pvt. Ltd vs Ceat Ltd on 22 November, 2018
5. Relying upon the judgments of this Court in Sushi Enterprises vs.
CEAT Ltd. 254 (2018) DLT 593 and Om Prakash Chopra & Ors. vs.
SBI 257 (2019) DLT 50, the learned senior counsel for the respondents
submits that once evidence in form of lease deeds is adduced, the Court is
bound to determine the market rent of the tenanted premises on the basis
thereof. He further submits that where the evidence of lease deed prior in
point of time is adduced, enhancement @15% per annum has to be
granted for prime and centrally located locations like in the present case.