Rent Arrears - The Legal Chamber

Tenant Can’t Deny Landlord’s Title, Rules Supreme Court in Key Eviction Case

28Oct

By The Legal ChamberNo Comments

Supreme Court

Tenant Can’t Deny Landlord’s Title, Rules Supreme Court in Key Eviction Case

The Supreme Court held that in an eviction suit, strict proof of ownership is not required. A tenant cannot deny the landlord's title under whom they entered possession. The Will bequeathing the property, especially when probated, confers sufficient legal sanctity to maintain the eviction proceedings. The bona fide need of the landlord was also upheld. Facts Of The Case: The dispute involves a shop room tenancy initiated in 1953 by Ramji Das, the appellant's father-in-law, with the father of the respondents. Upon Ramji Das's death in 1999, a Will bequeathed the shop to the appellant, Jyoti Sharma. She subsequently filed a suit for eviction on grounds of bona fide need, seeking to expand her husband's adjacent sweets business, and for recovery of rent arrears from January 2000. Th...

Supreme Court: Civil Courts Can Hear Cases If Land is Declared Non-Agricultural During Trial

The Supreme Court held that jurisdiction is determined by the nature of the land at the time of adjudication, not filing. A subsequent declaration of land as non-agricultural under the UPZALR Act during pending proceedings validates a civil court's jurisdiction, and appeals are a continuation of the original suit. Facts Of The Case: In 1970, the appellant-landlord and the predecessor of respondents 1-3 entered a registered tenancy agreement for a piece of land to establish an Indian Oil petrol pump at a monthly rent of ₹150. The tenant defaulted on rent payments from July 1972, prompting the landlord to file a suit for eviction and arrears of rent in 1974 in the Civil Court. The tenants contested the Civil Court's jurisdiction, claiming the land was agricultural and thus only the Revenue...

Supreme Court Restores Ejectment Decree: ‘ND’ Postal Endorsement Doesn’t Invalidate Notice Under Transfer of Property Act

The Supreme Court held that a notice sent via registered post under Section 106 of the Transfer of Property Act, 1882, is deemed served under Section 27 of the General Clauses Act, 1887, even if returned with an "ND" (Not Delivered) endorsement. The High Court erred in setting aside the ejectment decree by ignoring this legal presumption of service. The Trial Court's decree was restored, affirming the landlord's right to evict the tenant for non-payment of rent and other charges. The judgment reinforces the principle that proper dispatch of a registered notice fulfills statutory service requirements unless rebutted. Facts Of The Case: The appellant, Krishna Swaroop Agarwal (since deceased and represented by his legal heir), was the landlord of a property in Hathras, Uttar Pradesh, which ...