Protection of Women From Domestic Violence Act, 2005, Section 17(1) -- Right of residence - Self acquired property of father-in-law and mother-in-law - Daughter-in-law has no right of residence in self acquired property of father-in-law and mother-in-law...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction order against daughter-in-law - Daughter-in-law not denied the fact that respondents are owners of demised premises - Status of daughter-in-law to occupy suit property admitted to be that of licensee, as no submission has even been raised before this Court - No evidence led by..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding possession - Partition suit - Plaintiff filed suit seeking its division by metes and bounds and in alternative, he has prayed for sale of property by auction and for distribution of sale proceeds inter se parties to the extent of shares claimed in suit - Relief of possession is..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for ejectment, recovery of possession and arrears of rent - Defendant admitted that he is tenant in suit property - There is admission of relationship of landlord and tenant and month to month tenancy already stands terminated - Since the monthly rent was Rs.5000, thus property is protected under..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Oral and documentary evidence adduced by landlord successfully proved that a legal notice u/s 106 of the Act was sent to defendant by registered post demanding arrears of rent and termination of tenancy which was refused by tenant - Even, record of trial Court reveals that tenant not only..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice refused to be accepted by addressee - Presumed to have been served on him...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and recovery of arrears of rent/occupational charges - Decree of possession does not automatically follow a decree of declaration of title and ownership over property - Where a plaintiff wants to establish that defendant's original possession was permissive, it is for plaintiff..........
Adverse possession -- Suit for recovery of possession - Plea of adverse possession not taken by defendant in suit - Where defendant was owner of only a portion of suit property but had admittedly been in possession of entire suit property and defendant has in written statement claimed to be in continuous possession or years as owner, defence of defendant in his written..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Relief of recovery of possession denied by First Appellate Court but granted by High Court - Defendant pleaded that he was in complete possession of suit premises as owner with absolute rights ever since 1966 when his father had executed deed of release in his favour and for over..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings of fact of two Courts below based on evidence available on record that title over suit property is passed in favour of plaintiffs after execution of sale deeds by father of defendant no.1 in their favour - Said findings neither perverse..........
