Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Suit based on title - Amendment sought in relief clause by adding prayer of eviction and mesne profits/damages - Necessary averments regarding termination of tenancy averred in the plaint - Nature of suit not changed if amendment is allowed - Suit based on title remains..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 3, 43, United Provinces (Temporary) Control of Rent and Eviction Act, 1947, Section 2, General Clauses Act, 1897, Section 24 - - Rent and eviction - Notification issued extending provision of earlier enactment to area where suit is filed - Maintainability - In the instant case,..........
Constitution of India, 1950, Article 226 -- Legislation - Direction to amend an Act - Cannot be issued - Power to enact legislature is a plenary constitutional power, which is vested in parliament and State legislatures - But judicial review cannot encroach upon basic constitutional function which is entrusted to legislature to determine whether a law should be enacted -..........
Hindu Succession Act, 1956, Section 15 -- Tenancy - Devolution of tenancy - Hindu Female - Devolution of tenancy is to be determined u/s 15 of the Act...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 3(a) -- Eviction - Devolution of tenancy - Suit property taken on rent by father-i, law and after his death his son (husband) became tenant and after his death wife became tenant - In absence of any son or daughter tenancy would devolve upon heirs of husband - Her brother does..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Cease to occupy - Merely because some members of family of tenant had shifted to another residential house in another locality would not bring tenancy to an end...........
West Bengal Premises Tenancy Act, 1997, Section 7(3), Civil Procedure Code, 1908, Section 11 -- Eviction petition - Striking off defence - Res judicata - Earlier revisional application contained a ground challenging jurisdiction of Court and Court has not expressly granted relief sought for - Such relief shall be deemed to have been refused - Defendant having not proceeded..........
Co-tenancy -- Cannot be granted on the basis of an admission...........
West Bengal Premises Tenancy act, 1956, Section 13(ff) -- Eviction petition - Bonafide requirement - Family requires atleast one bed room for husband and wife and other bed room for their son - Even, drawing room and dinning for such a family is their bare necessity - Moreover, study room is also necessary for son of landlord - Further, another exclusive room is also..........
Bombay Tenancy and Agricultural Land Act, 1948, Section 70(B) -- Protracted tenant - Declaration of status - Petitioners claimed to be tenants in respect of individual plots - However, gut numbers mis-matched with survey numbers provided by petitioners in respect of plots claimed by them - More so, several rounds of enquiries already undertaken and petitioners failed to..........
