Rent and eviction -- Sub letting - Original tenant constructed his own house, where he is residing with his wife - Accommodation of nephew of tenant in suit premises amounts to sub letting, as it was without knowledge and approval of landlord...........
Rent and eviction -- Co-owners - Eviction petition can be filed by one of the co-owners and it would be no defence to the tenant to question the maintainability of the suit on the ground that the other co-owners were not joined as parties to the suit - When property is owned by several co-owners, every co-owner owns every part and every bit of the joint property along with..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction - Claim for eviction is maintainable even though senior citizen is not owner of property in question, as interest of senior citizen in the property, whether as licensees or tenant falls within the definition of `property' u/ss 2(f), 23 of the Act...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction - Maintenance Tribunal has jurisdiction to not only pass an eviction order but also to issue directions to give effect to the same u/s 23 of the Act - In the instant case, concerned SDM and SHO directed to forthwith comply with the eviction order passed by Maintenance Tribunal...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction order - Direction of eviction is a necessary consequential relief or a corollary to which a senior citizen would be entitled upon a transfer being declared void - Even a civil suit seeking declaration without such a consequential relief would be dismissed as being not maintainable...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 23 -- Eviction order - Claim for maintenance is not a condition precedent for passing an eviction order u/s 23 of the Act, as Ss.4, 23 of the Act are separate and distinct remedies...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Eviction - Maintenance Tribunal has jurisdiction to pass an order of eviction, even in the absence of a comprehensive action plan for protecting the life and property of senior citizens u/s 22 of the Act...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), 11(4)(iii), 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Subsequent events - If grounds were not available on date of filing of petition, it will not fall under "defect" or "error" contemplated u/S.23(1)(j) of Act - If the..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Grounds available for amendment u/O.6.R.17 of CPC is more wide than grounds provided u/S.23(1)(j) of Act - But in view of rigour u/S.23(1)(j) of Act such grounds available u/O.6.R.17 cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(1)(j) -- Amendment of pleadings - Eviction suit - Cause of action for eviction on new ground, which is intended to be incorporated by way of amendment has arisen after filing of Rent Control Petition - Said ground cannot be allowed to be incorporated by way of..........
