Showing : 711-720 of 2238 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
East Punjab Urban Rent Restriction Act, 1949, Section 17-- Eviction proceedings - Held, an eviction petition does not decide title - Rent Controller has no power to adjudge title - If an adjudication on title is sought at execution stage by third party, decree holder cannot sing laurels on decree obtained...........
MADRAS HIGH COURT
Year of decision: 2013
Details
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10-- Eviction - Payment of rent - Willful default - Proof - Defaulted period not disputed by petitioner/tenant - Only defence taken by him is that as per sale agreement he can pay rent in lump sum at the time of execution of sale deed and therefore, default was not willful - But there were three more..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10, 18-- Eviction - Execution proceedings - Abuse of process - Order of eviction passed in favour of landlady confirmed by High Court - SLP filed by tenant dismissed by Apex Court and time was granted to tenant to vacate demised premises subject to filling of affidavit of undertaking - Tenant failed to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 12(4), Constitution of India, 1950, Article 226-- - Eviction proceedings - Petitioners' prayer that they should not be dispossessed till a scheme is framed or application u/Rule.12(4) of the 1964 Rules is decided - Held, prayer is pre-mature as no order of eviction has been passed against petitioners - Even if an order of eviction is passed,..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14-- Eviction - Re-building and Re-construction - Courts below recorded concurrent finding of fact that building being old, in a dilapidated condition, needs to be reconstructed, its structure is wooden in nature, and it cannot be said to be safe for human habitation - Contention that building plans..........
DELHI HIGH COURT
Year of decision: 2013
Details
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B- - Eviction - NRI Landlord - Bona fide need - Leave to defend - Landlord resident of UK - Ownership not disputed - Both petitioner and his wife are aged 84 and 82 years respectively - Admitted position that landlord regularly visits India - In fact he spends half year in India i.e. during extreme..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Bona fide need - Proof - After coming to firm conclusion that relationship of landlord and tenant existed between parties, Courts below examined other questions with regard to bona fide necessity and ordered ejectment - Admittedly, petitioner has two sons - He rented out premises way..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Bona fide need - Title dispute - Dispute of title between co-owners - Same is stated to be pending in second appeal - Held, pendency of such appeal would have no bearing on eviction proceedings - Eviction proper - Petition dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 16(ii), Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5-- Eviction proceedings - Mushtarka Malkan - Land in dispute recorded as Mushtarka Malkan i.e. land created after applying pro rata cut on holdings of proprietors - Held, land so created and reserved vests in Gram Panchayat for its control and management - Gram Panchayat has right to seek eviction of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
West Bengal Premises Tenancy act, 1956, Section 13(4)-- Eviction - Reasonable personal requirement - Partial eviction - Duty of Court - Held, provision contained in the Act of 1956 mandates Court to consider whether partial eviction as contemplated therein should be ordered or entire building should be directed to be vacated - However, while deciding..........

Showing : 711-720 of 2238 Results