Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Former suit is protection against eviction while subsequent suit is for declaration of title - Provisions in S.10 CPC not applicable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction suit - Defendants had evaded to pay rent for rented premises since June 2013 to landlord so, this fact itself create cause of action - Fact that plaintiff holding title of ownership or not is the matter require deep evaluation by further evidence which will have to be adjudicated at the..........
Rent and Eviction -- In a suit for eviction, proof of ownership of tenanted premises is not to be strictly looked at as in a suit for declaration of title...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and eviction - First Appellate Court held that plaintiff has failed to establish his title and possession over suit properties and plaintiff is not entitled to get decree of declaration of right, title, interest over suit properties and he is also not entitled to get decree of recovery..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Maintainability - Order rejecting application U.O.21.R.97 CPC filed against execution of eviction decree passed in SCC suit - Said order is revisable u/s 25 of Provincial Small Cause Courts Act - Appeal u/s 96 CPC is not maintainable against such an order - Appeal dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Widowed daughter-in-law is not entitled to claim right of residence for two reasons i.e. it is upon her own volition that she stopped residing at suit property for past 13 years and secondly, right of residence provided under S.17(1) of the Act, stood curtailed as..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 1 -- Right to begin - Eviction suit - When basic ground of eviction sought for is default in payment of rent, it would always be plaintiff/landlord who should lead evidence first - Denial on the part of defendant is strictly a defence that they have taken and to prove the same it is not required for defendants to lead..........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Filing an eviction suit by landlord is sufficient notice to tenant to vacate the property...........
Co-owners -- Eviction suit - One of co-owners can maintain the suit for eviction against tenant...........
Rent and Eviction -- Death of landlord pending suit - Plaintiff No.2 came on record as LR based on testament - Even, in the absence of testament plaintiff No.2 being one of LR of deceased plaintiff No.1, can continue the suit against tenant for eviction...........
