Civil Procedure Code, 1908, Section 47 -- Execution of eviction petition - Objections - Petitioner claiming herself to be owner on the basis of unregistered will - Will not seen the light of day for more than 20 years - Eviction order was passed in the year 1981 but objections filed in 1996 i.e. after 15 years - Such unregistered will can be prepared at any time in order..........
Rent and Eviction -- Co-owner - A co-owner can always maintain a suit for eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Rent Controller is required to ascertain that (i) the applicant is a Non-Resident Indian; (ii) he is owner of the subject premises; (iii) his ownership is more than 5 years old as on the date when he applies for eviction; (iv) the applicant-NRI-landlord has pleaded and explained that he needs the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to contest - Triable issue - Rent Controller to consider (i) a NRI-landlord even if only a co-owner/joint owner in the demises premises, can seek eviction of his tenant under Section 13-B of the Act; (ii) ordinarily, the fate of an eviction petition filed earlier under Section 13 of the Act,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Co-owner - More than one co-owners - Any one of them can seek eviction of tenant for and on behalf of everyone...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 7 -- Ejectment of unauthorized occupants - Recovery of damages - Rights of decree holder - Held, mere payment of damages by unauthorized occupants will not extinguish the rights of decree holder (owner) to recovery possession of property - Status of an unauthorized occupant is not automatically..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Specified landlord - NRI landlord seeking eviction of tenant from shop - Rent Controller is required to satisfy himself that (i) the petitioner is a Non Resident Indian; (ii) he is the owner/landlord of the demised premises; (iii) the premises is commercial in nature; and (iv) the same is required by NRI..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Specified landlord - NRI landlord, co-owner, seeking eviction from shop - Held, there is no bar for the landlord to initiate proceedings u/s 13-B as a co-owner of property in dispute - Eviction upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Landlady claimed to be exclusive owner - Even if landlady is co-owner even then she is entitled to seek eviction of a tenant - Mere fact that the landlady has asserted herself to be an exclusive owner in the eviction proceedings, does not make the eviction petition not maintainable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), 13(B), 2(b) -- Co-owners - One of the co-owners letting the house - Suit for eviction by co-owner who let the property - Consent of other co-owner not required - However when property owned by a number of co-owners and tenancy commenced at the instance of all co-owners, all co- owners will be treated..........
