East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Landlady claimed to be exclusive owner - Even if landlady is co-owner even then she is entitled to seek eviction of a tenant - Mere fact that the landlady has asserted herself to be an exclusive owner in the eviction proceedings, does not make the eviction petition not maintainable...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Revolver shot at the chest of victim - Revolver recovered - Injured did not identify the accused to be the person who had fired the shot - Merely because he is the owner of the weapon is not a ground to convict u/s 307 IPC - Accused acquitted...........
Agreement to sell -- Specific performance - Trial Court dismissed suit by holding that property belongs to Gram panchayat and as such decree for specific performance cannot be granted - Appellate Court reversed the finding of trial Court on the basis of statement made by co-owner where he admitted execution of agreement to sell in favour of plaintiff and payment of due..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), 13(B), 2(b) -- Co-owners - One of the co-owners letting the house - Suit for eviction by co-owner who let the property - Consent of other co-owner not required - However when property owned by a number of co-owners and tenancy commenced at the instance of all co-owners, all co- owners will be treated..........
Adverse possession -- When a person in possession asserts to be owner, even if he fails to establish his tile, his possession would still be adverse to the true owner...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - Plea that landlord is not the owner for five years prior to the filing of petition u/s 13-B of the Act as it was mother of the landlord who was recorded as owner in the Municipal records and on the strength of an affidavit of mother the ownership rights were transferred in..........
Land Acquisition Act, 1894, Section 18 -- Land acquisition - Compensation - Reference - Land owner has a statutory right to ask Collector for reference to Court with regard to compensation and his objections to the amount awarded by Collector...........
Land Acquisition Act, 1894, Section 18 -- Land acquisition - Compensation - Reference - Reference Court is under a duty to consider all objections raised by land owner by giving claimant necessary opportunity to establish his claim...........
Specific Relief Act, 1963, Section 38, 39 -- Injunction - Ordinarily if the suit property is in possession with a person for a sufficiently long time then injunction should not disturb that possession - However, a person in possession can resist the entire world but not the true owner, even if the true owner is not in actual possession of the property...........
Specific Relief Act, 1963, Section 38, 39 -- Injunction - Rights of parties to perform `Puja' in a temple - In case plaintiff is the true owner of the property then he can claim permanent injunction even against the defendants, even if he was not performing the `Puja' at the relevant time...........
