East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - Leave to defend - Rent Controller can grant leave to defend if affidavit filed by tenant discloses such facts as would disentitle landlord from obtaining an order for recovery of possession u/s 13-B of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - Leave to defend - Tenant is introducing new case which Supreme Court is not to entertain new pleas - Requirements of S.13-B of the Act are complied with by landlord - Onus is on tenant to disclose such facts as would disentitle summary eviction u/s 13-B of the Act, which he failed to do..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Stay of eviction petition on the ground of pendency of civil suit - For stay of subsequent suit, litigation have to arise out of civil suit - In the instant case proceedings in civil suit and eviction petition are neither directly nor substantially the same as in civil suit title of property is to be..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of mother - Eviction of sons - Mother is a 70 years old widow lady and is owner of property - Petitioners have been misbehaving with their mother - It is irrelevant whether petitioners have any house or not, as it is the right of mother which is to be seen under the Act - In order to..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
Co-owners -- Eviction suit - One of co-owners can file a suit for eviction of a tenant in the property generally owned by co-owners on the basis of doctrine of agency and that consent of other co-owners is assumed as taken unless it is shown that other co-owners were not agreeable to evict tenant...........
Eviction Order -- Appeal - Locus standi - Person merely by unauthorisedly occupying the tenanted premises does not ipso facto become tenant and certainly not LR of deceased tenant - He thus, has no locus standi to challenge eviction order by filing appeal - Appeal rightly dismissed...........
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..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction - Eviction is not at par to procedure as prescribed in CPC, where rights and titles are determined, as provisions of the Act is for ensuring needs of senior citizens and that is to be handled carefully so that structure of family may not be abrupted...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Tribunal cannot direct eviction Simplicitor from the property at the instance of senior citizens, though Tribunal can direct children and relatives to make available a residence to such senior citizens in pursuance of an application filed under Chapter II of the Act...........
