K K VERMA (CEO) 12 November 2009

Supreme Court Rulings.

Friends,

There was a news item some time back which informed that (1) Supreme Court had ruled that in eviction cases the court can enhance the rent to the realistic level while the proceedings were being prolonged.(

2) that if the tenant did not have the requisite documents to support his tenancy, the tenant is liable for eviction.

Please inform me of the reference of the two rulings so that I can refer to the judgements. Thanks

K K Verma vermaorkashi@gmail.com

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Raj Kumar Makkad (Adv P & H High Court Chandigarh) 12 November 2009

Verma JI! In the latest RCR (Civil) unbound part received for the month of Nov. 2009 (actually it was received to me on yesterday), Hon;ble SC has clearly held that HC or SC have got no right to enhance the contractual rent or re-fix it as per market value (aequeate) in eviction matters. The HC judgment was overruled therein and previous law laid down by Hon'ble apex cort delievered in 2009 itself was again relied upon so there is no chance to rely upon your version.

Now come to your second quarry. Even if the tenant has no document in his hand, then also he can establish his tenancy effectively by way of record of munacipality, bilss, sine-board, paper bill, other shop bills, electricity bill etc. and even oral statements of chowkidar, postman, sweeper, neighbour etc. can also be helpful for him.

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