Showing : 81-90 of 378 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23-- Eviction - Unauthorized occupation by son - House solely belongs to father - Objection by son that property in question is ancestral is of no consequence after categoric findings recorded by Civil Court, contrary to it, that property in question solely belongs to father and not ancestral in nature..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 116-- Estoppel - Denial of landlord's title - Eviction suit - Tenant in his written statement though denied ownership of landlord but in his cross-examination admitted title of landlord - He further admitted that he used to pay rent in the name of father of landlord - Tenant without any doubt regarded..........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Adverse Possession-- Suit for eviction and recovery of possession - Defendant claiming to be in possession of suit property since 1948 - However, said fact is belied as considering age of defendant he was just 11 years old in 1948 - It is thus not possible for a boy age of 11 years to establish his adverse possession..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 116, Punjab Security of Land Tenure Act, 1953, Section 9-- Tenant holding over - Protection u/s 9 of 1953 Act - Operation of S.116 of T.P. Act confers legitimacy to the possession of tenant even after termination or expiration of deemed period of lease so as to confer on him a status akin to that of a statutory tenant and hence he is protected from..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Punjab Security of Land Tenure Act, 1953, Section 9, Punjab Tenancy Act, 1887, Section 4(5), Transfer of Property Act, 1882, Section 116-- Eviction - Tenant holding over - Both the Acts of 1953 and 1887, do not include a tenant whose lease has expired - Nevertheless, retention/continuance of possession after expiry of duration of lease with the consent of landlord will continue to vest in the erstwhile tenant the same status on the..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Rent and eviction-- Termination of tenancy - In spite of tenancy coming to an end under the provisions of Transfer of Property Act or by terms of the contract, tenant does not cease to be a tenant and continues to be a tenant and liable to pay rent until and unless a decree for eviction is passed against him by a..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 105-- Lease - Non-payment of rent - Plaintiff being a lease holder of suit property sub let the property to defendant with permission of original lessor - Prima facie relationship of landlord and tenant had established between plaintiff and defendant - Mere plea of voluntarily attornment to original..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Easement Act, 1882, Section 60-- Revocation of license - Construction of permanent structure - Eviction suit - Construction in question was raised by defendant much before grant of licence in question - No permission or license was granted by Plaintiff or his father to defendant to execute any work of permanent character - Said..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- Eviction - NRI landlord - Leave to defend - Defence of tenant is that requirement of landlord not bonafide and he is interested in increasing the rent - However, landlord in his notice clearly stated that amount of rent was substantially lower than market rent and as such taxes and charges..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16, 5, 2(b), 2(d), 2(f), 4, 9, 23-- Eviction order - Tribunal to pass an order keeping in view the object of the Act for grant of maintenance - However, if Tribunal comes to conclusion after considering rival merits, it will be open to follow decision reported as 2013(3) Civil Court Cases 119 (Gujarat) wherein it is held that..........

Showing : 81-90 of 378 Results