Search Results Page

Search Results

1 - 10 of 10 (0.24 seconds)
Rathnamma vs M/S Gundu Muneshwara Swamy Devastana ... on 3 December, 2024 cites

R. Kapilnath (Dead) Through Lr vs Krishna on 13 December, 2002

ii) R. Kapilnath (Dead) Through Lr v. Krishna reported in (2003) 1 SCC 444 A petition for recovery of possession of any premises can be filed by the landlord against the tenant within the meaning of Section 21(1). Clause (h) of Section 3 includes in the meaning of 'landlord' any person who is for the time being receiving or entitled to receive rent in respect of any premises whether on his own account or on account or on behalf, or for the benefit of any other person etc. It cannot be doubted nor has it been disputed that the respondent is 'landlord' within the meaning of Section 3(h) abovesaid. Though the appellant claimed himself to be an owner also so long as he has been found to be a landlord he is entitled to maintain the action for eviction under Section 21(1) (p). The plaintiff or petitioner may claim a higher right and may succeed in proving only a smaller right or entitlement to relief but that would not result in disentitling the plaintiff or petitioner from succeeding so long as the smaller right successfully substantiated by him is enough in law to entitle him to a relief against the defendant
Supreme Court of India Cites 6 - Cited by 19 - R C Lahoti - Full Document

Kanta Goel vs B.P. Pathak & Ors on 1 April, 1977

Learned counsel also relied on a decision of the Supreme Court reported in Kanta Goel v. B. P. Pathak, wherein it was held that the co-heir of deceased landlord constitute the body of landlords and, by consent, implicit or otherwise, of the plurality of landlords, one of them representing them all, was collecting rent and functioned for all practical purpose as the landlord and was, therefore, entitled to institute proceedings for eviction against the tenant v. a landlord. In that case, one of the trustees representing the trust filed an eviction petition for and on behalf of the trust. In the instant case the respondent was inducted into possession of the property under Ex. A. 1 by the trust represented by S. Ponnusami a co- trustee. Therefore, I do not accept the contentions of the learned counsel for the respondent that all the trustees should join in the action for eviction especially when the trust itself is landlord represented by one of the co- trustees.
Supreme Court of India Cites 9 - Cited by 301 - V R Iyer - Full Document

Sheela & Ors vs Firm Prahlad Rai Prem Prakash on 4 March, 2002

v) Sheela & Ors. V. Firm Prahallad Rai Prem Prakash reported in (2002) 3 SCC 375 A person may be a 'landlord' though not an 'owner' of the premises. The factor determinative of landlordship is the factum of his receiving or his entitlement to receive the rent of any accommodation. Such receiving or right to receive the rent may be on the own account of the landlord or on account of or for the benefit of any other person. A trustee, a guardian and a receiver are also included in the definition of landlord. Such landlord would be entitled to seek an eviction of the tenant on one or more of such grounds falling within the ambit of Section 12(1) of the Act which do not require the landlord to be an owner also so as to be entitled to successfully maintain a claim for eviction.
Supreme Court of India Cites 19 - Cited by 216 - R C Lahoti - Full Document
1