Rent and Eviction -- Bona fide need - Landlord required premises for establishing an ultrasound machine for his two unemployed sons - Issue that his two unemployed sons do not have any expertise/training to run the ultrasound machine, the argument is without any substance, as person establishing such devices or ultrasound machines himself need not have any expertise in..........
Rent and Eviction -- Bona fide need - Landlord having other properties - It is for the landlord to take a decision in this regard - Once he has decided to get the suit premises vacated, no error or illegality could be pointed out in his decision - Moreover the suit premises is the most suitable accommodation for the required business - As landlord has proved his bona fide..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11 -- Eviction - Satisfaction of Court as to genuineness of claim made by landlord is a concomitant element of a valid order of eviction under the Act - An order passed under the Act without arriving at such satisfaction is a nullity and unsustainable in law...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of co-sharers - Eviction petition - Impleadment of other co-sharers of property - Co-sharers are not necessary parties in a suit for eviction filed by one co-sharer/landlord - Moreover, it is not the case of tenants that they are not tenants in the property and that they were not paying the rent to landlord -..........
Indian Penal Code, 1860, Section 420, 406, 465, 467, 468, 471, 474, 166, 167, 193, 196, 199, 201, 203, 255, 260, 261, 262, 120B -- Cheating - Allegation that appellant in connivance with A-1/power of attorney holder filed tenancy case by showing power of attorney as genuine and impersonated one dead person as landlord - However, signatures on tenancy case and below the..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Eviction suit - Petitioners are sub-tenants of original tenant - Suit is between landlord and tenant - Petitioners cannot take shelter of O.21.R.97 CPC to raise objection against execution of decree passed in favour of plaintiff - Even, O.21.R.101 CPC has no applicability as..........
Transfer of Property Act, 1882, Section 106 -- Lease - Document of lease for period from 1994 to 2005 - It was thus, necessarily required to be registered as per S.107 of the Act - Since document in question is admittedly not registered one, it cannot create lease rights beyond a period of 12 months - Lease in question was neither for agricultural purposes nor for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction petition - Ownership of title of property is not a subject matter before Rent Tribunal and admittedly petitioner is a tenant - Petitioner is not concerned with distribution of shares between brothers who are landlords, therefore, petitioner cannot get any undue advantage for the same - Since,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Averments sought to be incorporated by way of amendment was already in the knowledge of tenant/petitioner at the time of filing of original reply and also prior to framing of issues - Reason given in the amendment application that it was due to inadvertence/over sightedness..........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Notice of eviction was duly received by defendant and suit was filed by plaintiff after lapse of 15 days from the date when notice of eviction was received by defendant - Landlord is entitled to eject tenant after giving him notice to quit unless tenant proves that he has a right to remain on the land..........
