Provincial Small Cause Courts Act, 1887, Section 15 -- Jurisdiction of Small Cause Courts - Eviction suit - When suit filed by landlord against tenant already stands decreed and opposite party claims to have acquired ownership of property in dispute through a sale-deed executed by its previous owner, adjudication of claim of opposite party becomes incidental to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99 -- Execution - Third party objections - SSC suit for eviction - When petitioner claimed that property in question had been purchased by her from its previous owner through a registered sale-deed, she had locus standi to claim that she had the right to resist her ejectment through execution proceedings instituted for..........
Co-owner -- Rights and liabilities - (i) A co-owner has right and interest in the whole property and also in every parcel and infinitesimal portion of the co-ownership property; (ii) No doubt possession of the joint property by one co-owner is in the eye of law, possession of all even if all but one are actually out of possession; (iii) One co-owner's mere occupation of a..........
Eviction -- Arrear of rent - Plaintiffs filed suit claiming possession and ejectment of defendant no.1 - Defendant no.2 claimed that he is owner in possession and he had purchased the same from `J' and plaintiffs are neither owners nor in possession over the shop which defendant purchased by virtue of sale deed - However, perusal of decree passed in favour of `J' and `R'..........
Rent and Eviction -- Property tax recoverable from tenant u/s 67(3) of the New Delhi Municipal Council Act, 1994 as arrears of rent by the landlord/owner - Cannot be considered to be forming part of the rent for the purpose of seeking eviction or ejectment of such tenant who defaults in payment of such recoverable tax as rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Shop-cum-office - Personal necessity - Landlord, owner of shop-cum-office, sought ejectment on ground of personal necessity qua residential premises - Landlord could not reside in shop-cum-office - Moreover, shop-cum-office has been sold by landlord - Held, landlord is best judge qua his need - Need of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Ejectment - Co-owners of property - Partition - Held, a tenant inducted by one of the co-owners cannot be defeated in his statutory right of protection under the Act of 1949 by an allotment in partition to other co-sharers of property so long as lease itself was not collusive or in excess of authority of..........
Haryana Public Premises (Eviction and Rent Recovery) Act, 1972, Section 5, 7, Constitution of India, 1950, Article 226 - - Unauthorized occupants - Petitioners are in unauthorized possession over land which belongs to State of Haryana - They knew very well that they are in authorized possession but instead of accepting this fact they contested application with tooth and..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, 11 -- Ejectment - As per revenue record Gram Panchayat was owner of `Banjar Qadim' land and petitioners were in forcible possession - Petitioners failed to prove any of conditions to exclude ownership of Gram Panchayat from disputed land - Held, such land would be deemed to have been vested in Gram..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, 11 -- Shamilat deh - Unauthorized possession - Ejectment proceedings - Title dispute - Held, if petitioners were claiming ownership of land in dispute, then indeed they should and ought to have filed their claim and got decided question of title over it during course of ejectment proceedings, as..........
