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Results of eviction

Showing : 81-90 of 2942 Results

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Eviction suit - Agreement for tenancy was impounded by trial Court for insufficiency of stamp duty - Plaintiff seeking withdrawal of suit with liberty to file fresh suit on self same subject matter - However, trial Court refused to grant permission to plaintiff to file..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 25 - - Eviction suit - Issue regarding other co-owner/members of Hindu Undivided Family not impleaded as party - Tenant admitted having paid rent to plaintiff - On the contrary, there is a statement recorded of plaintiff as per his rejoinder of being landlord - More so, no other co-owners has come forward to challenge or object..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant contended that suit pertains to a public religious endowment, thus suit is barred, as prior permission u/s 92 CPC not taken before institution of suit - Contention rejected, as question regarding property in suit pertains to religious endowment cannot be determined at this stage, as same..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Additional grounds to resist eviction - Amendment sought before commencement of evidence of rival parties - Application cannot be rejected by entering into merits of amendment - Amendment allowed...........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 108 -- Lease - Lease of open plot and lessee was under obligation to handover possession of suit property in the state in which he received it - Lessee though permitted to raise construction on suit property but since he did not remove it, suit property did not assume character of `Premises' in terms of S.7(9) of Maharashtra Rent..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 106 -- Eviction notice - Shop in question is constructed after 1985, therefore it is exempted from operation of U.P Act of 1972 - Factum of service of notice terminating tenancy in terms of S.106 of the Act not disputed - Tenant defaulted in payment of rent - Tenant rightly evicted...........

ORISSA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Suit for eviction, arrears of house rent and damages decreed - Appellate Court confirmed decree of eviction but modified arrears of rent - DHs thereafter filed amendment application to incorporate mathematical calculation of arrears of rent - If..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16 -- Appeal - Maintainability - Maintenance and eviction order - Children or dependent or relatives against whom order is passed would be a aggrieved person and thus, have a right to file an appeal - Appeal u/s 16 of the Act would be maintainable at the behest of both the parties - Writ petition..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Rule 35 - - Seniority - Post of Assistant Conservator of Forests (ACF) - Appointment of appellants were made beyond vacancies advertised in 1985, which was in contravention of Rules - They secured an illegal appointments through back door - Appointments thus, was wholly illegal - However, since the appellants had..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Rent and eviction -- Tenant at sufferance - Tenant who is continuing in possession without consent of landlord is not a tenant by holding over, but a tenant at sufferance, which is akin in status to that of a trespasser...........

Showing : 81-90 of 2942 Results