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..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Property stands in the name of Respondent No.4 and he is residing outside the house - Property is occupied by petitioners - Petitioners can only have permission to remain in the property as his family members upon discharging their duty to look after him for his..........
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...........
Rent and Eviction -- Bona fide need - Plaintiff needed the premises for joining her husband's business to expand it to room rented out - There is no dispute as to business carried on of sweets and savouries, in the adjacent shop room - There is also no dispute on sons of plaintiff also having joined business and plaintiff's intention to participate in business, thus..........
Karnataka Rent Act, 1999, Section 43, 3(e) -- Eviction - Dispute of relationship of landlord and tenant - Whenever a dispute arises as to jural relationship between parties, Court has to examine lease agreement or in its absence, receipts acknowledging payment of rent signed by landlord as prima-facie proof of such relationship and proceed with hearing of case - In case..........
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..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Provision confers upon every woman in a domestic relationship the right to reside in shared household, irrespective of whether she has any right, title or beneficial interest in the same - However, this right is not indefeasible - It does not create a proprietary interest in the property..........
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..........
