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1 - 10 of 11 (0.03 seconds)The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
The Transfer Of Property Act, 1882
Shiv Parshad vs Smt. Shila Rani on 14 June, 1973
The Court thereafter referred to and affirmed several decisions of various other High Courts namely, Sada Ram Vs. Gajjan Shiama, AIR 1970 Panj & Har 511; Shiv Parshad Vs. Smt. Shila Rani, AIR 1974 Him Pra 22 and Machavaram Venkata Narayana Rao Vs. Sarvepalli Narayana Rao Sarada, (1978) 1 Ren CJ 368 (Andh Pra) and confirmed the view that even a denial of landlord's title by a tenant in a written statement in an eviction petition under the Rent Act concerned, furnishes a ground, for eviction and can be relied upon in the very proceedings in which a written statement containing the denial has been filed. The Apex Court also said that any other view would only lead to unnecessary multiplicity of legal proceedings as the landlord would be obliged to file a second suit for ejectment of tenant on the ground of forfeiture entailed by tenant's denial of his character as a tenant or the landlord's status as owner or about his title in his written statement, which must be avoided.
The Police Act, 1888
Section 106 in The Transfer Of Property Act, 1882 [Entire Act]
Majati Subbarao vs P.K.K. Krishna Rao (Deceased) By Lrs on 19 September, 1989
In Majati Subbarao (supra) a contention was raised that denial of title in a written statement shall not provide a ground for ejectment of tenant in the same proceedings but may give another reason to initiate ejectment proceedings afresh, by landlord. It was contended that denial of title must be anterior to filing of eviction petition. Denial of title in the course of eviction petition would not constitute a ground for eviction. The Apex Court, repelling the contention, held, it is well settled that the Court hearing a suit or appeal can take into account events which are subsequent to the filing of suit in order to give appropriate relief or mould the relief appropriately.
The Delhi Rent Act, 1995
V. Dhanapal Chettiar vs Yesodai Ammal on 23 August, 1979
Therefore, Apex Court, following Constitution Bench judgment in V. Dhanapal Chettiar (supra) reversed High Court's finding and confirmed Trial Court's judgment.
Sada Ram And Ors. vs Gajjan Shiama on 12 November, 1969
The Court thereafter referred to and affirmed several decisions of various other High Courts namely, Sada Ram Vs. Gajjan Shiama, AIR 1970 Panj & Har 511; Shiv Parshad Vs. Smt. Shila Rani, AIR 1974 Him Pra 22 and Machavaram Venkata Narayana Rao Vs. Sarvepalli Narayana Rao Sarada, (1978) 1 Ren CJ 368 (Andh Pra) and confirmed the view that even a denial of landlord's title by a tenant in a written statement in an eviction petition under the Rent Act concerned, furnishes a ground, for eviction and can be relied upon in the very proceedings in which a written statement containing the denial has been filed. The Apex Court also said that any other view would only lead to unnecessary multiplicity of legal proceedings as the landlord would be obliged to file a second suit for ejectment of tenant on the ground of forfeiture entailed by tenant's denial of his character as a tenant or the landlord's status as owner or about his title in his written statement, which must be avoided.