Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 22(3)(1) -- Property of mother - Eviction of son and daughter-in-law - Property has been allegedly purchased by father in the name of mother through general power of attorney and other supporting documents - Though..........
Limitation Act, 1963, Section 5, Rajasthan Rent Control Act, 2003, Section 15, Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Non filing of written statement in time - Condonation of delay - Petitioner failed to place any document on record to show the hardship that was caused to him on account of which he did not file written statement in time - He was..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction - Power of Tribunal/Magistrate - Tribunal/Magistrate has power to order eviction of transferee while considering application u/s 23(2) of the Act - However, power to order eviction by Tribunal can be resorted to only after notice to transferee and consideration of his claim if any...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 24 -- Property of senior citizen - Eviction of son - Mother was residing in suit property after demise of her husband - No material on record that mother has any other independent premises where she can otherwise stay - Son entered the premises visiting mother and later on refused to remove himself..........
Rent and Eviction -- Demolition notice of Municipal Council - Court in eviction proceedings u/s 16(1)(k) of Maharashtra Rent Control Act has very limited role in determining as to whether demolition is really necessary or not - But it does not automatically follow therefrom that Court would mechanically adopt the view of municipal authority of there being urgent need of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction of brother - Senior citizen/respondent is aged about 64 years and is handicapped - Petitioner who is her brother threatened to kill her - Respondent is owner of property as declared in suit for declaration filed by her - No decree for possession was passed..........
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..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Denial of title of Landlord - Tenants admittedly in possession and occupation of land under lease granted by respondent - There is no other party that has claimed title to property in question and issue of any other title holder paramount does not arise in the case - It does not lie for a lessee to question the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son and daughter-in-law - Suit property was purchased by father in the name of mother through registered sale deed - Son claimed that he has contributed some amount for purchase of said property and same was purchased from funds of Hindu Undivided..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Eviction petition - Petition does not disclose any relationship of landlord and tenant - Petitioners not having consent of other co-sharers who claim that petitioners have no right in the petition premises - More so, in the absence of even a semblance of right to be entitled to rent, petitioners..........
