Indian Penal Code, 1860, Section 441 -- Offence u/s 441 IPC (As in UP) - Offence of criminal trespass is said to be committed only when the alleged trespasser despite receiving written notice of eviction from owner of the property, did not withdraw from property - In the instant case, informant admitted in his statement recorded u/s 161 Cr.P.C. that he had not given any..........
Unauthorised occupant -- Once Court find an occupant a trespasser, or a person in unauthorized occupation, against the claim of the lawful owner, such unauthorized occupant does not have any further right to possession over disputed premises - Said unauthorized occupant has to vacate the premises voluntarily, after adjudication is entered by court - Upon failure to do so,..........
Rent and eviction -- Tenant at sufferance - Tenant who is continuing in possession without consent of landlord is not a tenant by holding over, but a tenant at sufferance, which is akin in status to that of a trespasser...........
Rent and eviction -- Suit for recovery of possession from trespasser - Inquiry as to valuation of suit - Tenant was categorically described to be a lessee at inception, later on rendered a tenant at sufferance and virtually being described as a trespasser - An inquiry u/s 11 of West Bengal Court Fees Act, is immediately required so that parties are not compelled to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery of mesne profits and future mesne profits from an Unauthorised sub tenant - Even if tenanted premises is in exclusive occupation of unauthorized sub-tenant, it is not open to landlord to institute suit in civil Court for recovery of possession of premises from unauthorized sub-tenant -..........
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 not create any right of plaintiff -..........
Essential Commodities Act, 1955, Section 3, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, 9 -- Retail petroleum outlets - Cancellation of dealership of appellant - Applicability of 1971 Act - Since dealership of appellant has been cancelled, he cannot claim to retain possession on basis of ownership of land as the lease is in continuance -..........
Punjab Security of Land Tenures Act, 1953, Section 9, 14, 14A, 18 -- Ejectment - Tenancy - High Court committed error by holding that tenant of agricultural holding becomes a trespasser after expiry period of tenancy - Moreover, procedure for eviction of tenant in occupation of building by approaching civil Court under Rent Control Act will not be applicable for evicting..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, Punjab Public Premises and Land (Eviction and Rent) Recovery Rules, 1974, Rule 4 - - Service of notice - Eviction order - Validity - Petitioner is in possession of agricultural land and, therefore, required to be served personally - Service report reveals that petitioner was not available..........
Delhi Rent Control Act, 1958, Section 2(e) -- Suit for possession, alleging that defendant is trespasser and in unauthorised possession of suit premises - Defendant contended that his father was inducted as tenant in demised premises and after the demise of his father, he being financially dependent upon his father, had inherited tenancy and in terms of S.2(1) of the Act,..........
