Civil Procedure Code, 1908, Section 9, Haryana Urban (Control of Rent and Eviction) Act, 1973 -- Jurisdiction of civil Court - Suit for possession - Lease - After expiry of lease term of the lease deed, tenant becomes a statutory tenant - Such a tenant can be evicted under the provisions of 1973 Act as jurisdiction of Civil Court is impliedly barred...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Non-substitution of LRs of plaintiff - Eviction suit - Not arraying/substituting all LRs of plaintiff would not lead to abatement of appeal as a whole, particularly where each of plaintiffs have an independent severable right to claim eviction of defendants...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Non-substitution of LRs of defendant no.2 - Eviction suit - No relief sought against defendant no.2 in suit and defendant no.2 also did not file any counter claim - Further claim made by defendant no.2 has been negated by all Courts including Supreme Court - Failure to implead LRs of defendant no.2..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Right of a woman to secure a residence order in respect of a shared household cannot be defeated by simple expedient of securing an order of eviction by adopting summary procedure under Maintenance and Welfare of Parents and Senior Citizens Act...........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(c) -- Eviction order - Plaintiff is the owner and landlord of suit premises and defendant without any foundation and bona fide reason disputed his landlordship and ownership - Therefore, decree u/s 12(1)(c) of the Act has been rightly passed by Courts below - Eviction order upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioners sought their impleadment on the ground that they have right in the suit premises - However, nothing on record to substantiate claim of petitioners that they are co-owners of property - Stand of tenants is the same as that of petitioners, which indicates that petitioners..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 2(e)(2)(ii) -- Public premises - Council of Scientific and Industrial Research (CSIR) - Even if CSIR is a Society under the Societies Registration Act, 1860, it is an authority owned or controlled by the Central Government within the meaning of S.2(e)(2)(ii) of the Act - Order of eviction calls for no..........
Rent and eviction -- Eviction petition - Bona fide requirement - Landlord need not be unemployed to seek eviction on the ground of bona fide requirement. (Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, S.21(1)(a)...........
Rent and eviction -- Eviction petition - Bona fide requirement - Landlord required premises for business of his son - Merely because son of landlord was having some income, that by itself would not disentitle him from claiming release of premises on the ground of bona fide need...........
Rent and eviction -- Eviction petition - Bona fide requirement - Premises in question have been in the occupation of tenant for more than 30 years - Landlord suffered an accident and he genuinely wanted his son to be settled in business - Need pleaded by landlord was found to be genuine - Tenant evicted...........
