Showing : 121-130 of 444 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22-- Eviction - Forceful possession by son and daughter-i, law - Residential property in the name of mother - Son along with his wife forcibly took possession of part of house with an oblique motive to grab the suit property and is in possession of same against wishes of senior citizen - They appear to..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Eviction suit - Admission of landlord and tenant relationship - Plea of agreement to sell the tenanted premises - Agreement to sell not registered - Protection u/s 53-A TPA not available - Relationship between parties is that of landlord and tenant - Defendant does not have..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22, Punjab Maintenance and Welfare of Parents and Senior Citizens Rules, 2012, Rule 23, 22-- Property owned by Father (senior citizen) - Eviction of son/petitioner who occupied the portion of suit property - Petitioner is mere licensee of suit property thus he would have no right to resist his eviction only on the ground that Act does not contemplate eviction of an occupant - As once a..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction - Possession in pursuance of oral agreement to sell - Injunction sought restraining defendant from eviction plaintiff otherwise than in due course of law and not to transfer the disputed land and interfere in the peaceful possession - Such unregistered agreement does..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 106-- Quit notice - Issuance of notice u/s 106 of Act is not sine qua non for filing eviction suit, as filing of suit itself is a notice to quit to tenant - S.106 of Act is not strictly applicable as only equitable principles are applicable in State of Punjab...........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Eviction suit - Earlier suit filed by plaintiff as co-owner dismissed - Subsequent suit filed after plaintiff became sole owner of premises - Matter in issue in subsequent suit was not directly and substantially in issue in earlier suit - Even if there may have been some common..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 106-- Eviction - Identity of suit property - Suit property as described in Schedule to plaint sufficiently identifiable - There is no ambiguity with regard to suit property - Minor errors in description are of no consequence - Plea raised by tenant at the appellate stage, held, to be hyper technical and..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Rent and Eviction -- Bonafide requirement - Landlord purchased suit premises for running their own business not for earning rent there-from - Premises in question a mere 9.7 square meters, which would be most suitable for the business proposed by landlord namely selling betal-nuts - Even, this is the usual size of..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Rent and Eviction -- Bonafide requirement - Additional property purchased during pendency of proceedings for running a flour mill by landlord - Area of purchased property is larger than suit premises - Moreover, purchased property is inconsequential in so far as suit premises is concerned - Contention of tenants that..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14-- Eviction - Change of user of suit premises - Premises in question let out for typing institute - However, tenant used the premises for making and selling tea by fixing wooden racks with nails - Making and selling of tea does not have the potential of causing any injury or prejudice or is..........

Showing : 121-130 of 444 Results