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Results of eviction

Showing : 51-60 of 2942 Results

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Unauthorised occupant -- Once Court find an occupant a trespasser, or a person in unauthorized occupation, against the claim of the lawful owner, such unauthorized occupant does not have any further right to possession over disputed premises - Said unauthorized occupant has to vacate the premises voluntarily, after adjudication is entered by court - Upon failure to do so,..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Eviction - Non-deposit of arrears of rent - Protection against eviction - Deposit of rent along with an application for determination of dispute is a pre-condition to avoid eviction on ground of no, payment of arrears of rent, as provisions of S.7(2) of the Act are mandatory and..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Subsequent event - Availability of alternative vacant accommodation - In no manner it can be said that bona fide requirement of premises stands completely eclipsed - Amendment can only be allowed when bona fide requirement stands completely eclipsed and not otherwise -..........

KERALA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 39 -- Mandatory injunction - In the matter of a decree of eviction or a decree of recovery of possession, there is no scope for exercising judicial discretion - It is thus, not permissible to substitute relief of mandatory injunction in place of eviction or recovery of possession...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Revision - While exercising revisional power, High Court cannot reappreciate evidence on record, both oral and documentary - Revisional jurisdiction is confined to find out whether findings of fact rendered by Court or Authority below were according to law and do not suffer from any error of law...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, 15(6) -- Eviction order - Upheld by Appellate Court - Revisional Court set aside eviction order - High Court while exercising Revisional jurisdiction did not spell out or advert to any perversity in the findings rendered either by Rent Controller or by Appellate Authority - Impugned order set aside -..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 6 -- Unauthorized Occupant - Disposal of property lying on public premises - Act authorizes Estate Officer to dispose of goods lying on public premises - It is immaterial whether said goods belong to erstwhile tenant/licensee or any other party - It is also not necessary that there should be a privity..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Eviction decree - Objection by sub-tenant - Sub-tenant though established his exclusive possession, but failed to establish payment of rent to original tenant - Payment of rent is essential element of lease or sub-lease - In the absence of same, no tenancy or sub tenancy can be proved - Objection rejected...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20 -- Revision - Eviction decree - Powers of High Court - Courts below were well supported by evidence on record and could not even be said to be perverse in any way - High Court could not have re-appreciated evidence and concurrent findings rendered by Courts below ought not to have been interfered by High Court..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 17 - - Restoration of land - Development charges - 97.1% land was acquired for development purpose - Small portion of land including land of respondents not planned, as there were buildings on such areas - However, that does not mean that appellant have not carried out any..........

Showing : 51-60 of 2942 Results