Hindu Law -- Joint family property - Partition suit - Suit properties were ancestral joint family properties - Defendants failed to show that properties are self acquired properties - Initial burden of showing that there was a nucleus of joint family property is discharged by plaintiffs - Whereas, defendants for their part have failed to discharge the burden, which..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - As per landlord, family of landlord comprises of 11 family members and accommodation in possession of landlord is only seven room - Even if contention of tenant were to be accepted that daughter-in-law petitioner occupying property are nine and landlord has only..........
East Punjab Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord purchased property for their own use and occupation while taking into consideration surrounding circumstances - Landlords originally belong to family of goldsmith and jewellers who are dealing in various kind of ornaments - Landlord have not vacated any other premises..........
Hindu Minority and Guardianship Act, 1956, Section 8, 12 -- Sale of minor's property by mother - Undivided interest of minor in joint family property can be sold by mother as Karta of HUF without permission of Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave matrimonial home on account of dowry demands and physical assault - Testimony of wife was supported by her complaint to CAW cell which was proved on record - She has no source of income and does not possess any movable and immovable property - Mere fact that wife having qualified..........
Hindu Succession Act, 1956, Section 8, 4, 3(a), (e) -- Property of adoptee inherit from adoptive family - Children born to adoptee before his adoption entitled to inherit his property in adoptive family, as Act do not make any distinction between son born to a father prior or after adoption of his father - Since there was a full blood relationship between three sons (born..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - While deciding application it cannot be decided as to whether schedule mentioned property is joint family property or self acquired property which can only be decided by conducting full fledged trial - Rejection of application, set aside...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - Tenant admit that landlord is owner of property and there is a relationship of landlord and tenant between them - Tenant also admit that need of landlord is bonafide and that landlord does not have any other suitable alternative accommodation available for his..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide necessity - Leave to defend - Tenant admit that landlord is owner of property and there is a relationship of landlord and tenant between them - Tenant admit that need of landlord is bonafide and that landlord does not have any other suitable alternative accommodation available for his..........
Hindu Law -- Ancestral property - Alienation by Karta for legal necessity - Partition suit - Karta/manger of Hindu Joint family has a right to alienate joint property for legal necessity - If a member of joint family challenges alienation by Karta, he has to plead and prove that alienation is not for legal necessity - Unless he seeks to set aside those sale deeds, relief..........
