Constitution of India, 1950, Article 226 -- Eviction order - Writ petition - Unauthorized occupant - Question as to when tenancy was created or when petitioner or his predecessor-in-interest became a tenant, is not merely a question of law but a mixed question of fact and law - Petitioner having not raised this question before either prescribed authority or appellate..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - It is settled position of law that injunction cannot be granted against true owner of property - However, it is equally well settled in jurisprudence governed by rule of law that even an unauthorized occupant can be ejected from a property only in the manner provided by law...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction for seeking possession from a licensee or an unauthorized occupant is maintainable...........
Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7 -- Mandatory injunction - Licensee or an unauthorized occupant can be asked to vacate the property by filing a suit for mandatory injunction - Once the suit has been valued at a certain value, ad valorem court fee has to be paid mandatorily on the same valuation...........
Punjab Package Deal Properties (Disposal) Rules, 1976, Rule 5 -- Transfer to unauthorized occupant - Transfer could only be in respect of land situated beyond 2 miles of limits of a Municipal Corporation, Municipality or other local body - Thus, case of petitioner is not covered by the policy and they can take no benefit thereof - Rule is not applicable because for..........
Suit for recovery -- Mesne profit - Commercial projects - Admittedly, if lease was not extended respondent was then to be considered as unauthorized occupant of premises situated in a commercial area - Hence, user charges/mesne profits with 15% increase of last paid rent were most reasonable - Moreover, respondent nowhere has alleged in its written statement that it had..........
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,..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 6 -- Unauthorized Occupant - Disposal of property lying on public premises - Act authorizes Estate Officer to dispose of goods lying on public premises - It is immaterial whether said goods belong to erstwhile tenant/licensee or any other party - It is also not necessary that there should be a privity..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5(1), 2(2A), 7 -- Eviction - Unauthorized occupant - Respondent was a lessee under appellant for a term of 21 years - Period of lease expired by efflux of time - Before expiry of lease period, there was discussion on question of renewal of lease - Terms proposed by appellant for renewal of lease not..........
Property of senior citizen -- Unauthorized occupant - Eviction of stranger - Where a senior citizen purchases property and is not in a position to proceed against unauthorized occupant under Senior Citizens Act and Rules, as unauthorized occupant is neither a son/daughter or legal heir, he has a remedy to file a suit for possession on strength of title in property...........
