Showing : 1-10 of 69 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22-- Property of mother - Eviction of son and daughter-in-law - House in dispute was owned by father and after his death, mother is owner - No evidence adduced by son that after death of father house in question came to his share - Even there is no evidence on record that said house is divided between..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Rent and Eviction-- Eviction petition - Death of tenant - Necessary parties - On death of tenant legal heirs inherit tenancy as joint tenants - Occupation of one of the tenant is occupation of all the joint tenants - It is not necessary for landlord to implead all legal heirs of the deceased tenant, whether they are..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Rent and Eviction-- Death of tenant - Eviction petition against daughter of deceased tenant is maintainable and there is no legal requirement to file suit for possession...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22-- Property of senior citizen - Eviction order against son and daughter-in-law - No evidence on record that house in dispute came to share of son being ancestral property - Even there is no evidence that at the time of purchase of house, any financial assistance was given by son - However, it is not..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 33-- Appeal - Decree for eviction - Three plaintiffs applied jointly for decree - Trial Court ought to have passed decree in favour of plaintiffs jointly - However, trial Court passed a decree specifically in favour of second plaintiff - First plaintiff had no requirement of suit premises - Reasonable..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22(2)-- Eviction of daughter-in-law whose husband is still alive - Maintainability - House belongs to father-in-law - Application u/s.22(2) is maintainable only against a son, daughter or legal heir of a senior citizen and as per S.2(11) of CPC, 1908 `legal heir' is a person to whom the estate devolves..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and eviction-- Bona fide requirement for business - Order of eviction - Death of landlord during pendency of appeal - Bona fide need of landlord established - Family business continued by legal heirs - L.R's cannot be relegated for another round of litigation for eviction - However, in a given case the bona fide..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 3(a)-- Eviction - Devolution of tenancy - Suit property taken on rent by father-i, law and after his death his son (husband) became tenant and after his death wife became tenant - In absence of any son or daughter tenancy would devolve upon heirs of husband - Her brother does not fall under category of..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 11, Civil Procedure Code, 1908, Order 22, Rule 4-- Execution - Eviction order - Death of original tenant - Impleadment of all legal heirs not necessary - Tenancy devolves on legal heirs as joint tenants, therefore, even when only one of legal heirs of deceased tenant, who is in possession of property is impleaded in execution proceedings,..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Death of sole plaintiff - Substitution of LRs - Eviction suit instituted in Small Causes Court (SCC) - Respondent and revisionist both claiming rights as heirs of deceased plaintiff through Wills set up by them - It was not possible for SCC to adjudicate about validity of either of Wills - It is..........

Showing : 1-10 of 69 Results