Provincial Small Cause Courts Act, 1887, Section 15 -- Jurisdiction of Small Cause Courts - Eviction suit - When suit filed by landlord against tenant already stands decreed and opposite party claims to have acquired ownership of property in dispute through a sale-deed executed by its previous owner, adjudication of claim of opposite party becomes incidental to..........
Rent and Eviction -- Compromise - Tenant was to deposit 12,500/- - In case this amount was deposited eviction petition was to be dismissed and in case this amount was not deposited then eviction petition was to be decreed - Tenant deposited this amount - Consent order dismissing petition was passed - In execution of consent order an order was passed that name of tenant be..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful disobedience of order of Supreme Court - Contemnor/tenant has not vacated the suit premises despite eviction order against him - Even after filing of contempt petition, peaceful possession was not delivered to landlord - Contemnor deliberately did not appear despite specific direction issued at least..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of reply filed to eviction petition - Application seeking amendment of reply filed 10 years ago on the basis of facts already pleaded in the reply, speaks volumes about lack of diligence on the part of tenant - Amendment sought to be incorporated is neither warranted nor necessary - Application rightly..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of LRs - Eviction suit - Tenant has no locus standi to aver as to who would be LRs of plaintiff/landlord - Said averment/objection if any can be raised by aggrieved LRs only...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioner is the son of original tenant of suit property - However, petitioner failed to establish that he was normally residing with his father at the time of his death to entitle him to seek impleadment on the ground that he has acquired tenancy rights by inheritance - Application..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Suit for recovery of possession - Non-impleadment of all LRs of plaintiff - Respondent being one of legal heir of plaintiff is competent to act as an agent of other heirs of deceased plaintiff in the carriage of suit - Defendant cannot insist that all legal heirs must participate in..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree - Petitioner claimed to be transferee of property by a tenant who was ousted by decree of eviction - Title of decree holder is not disputed by petitioner - Documents produced by petitioner do not give any conclusive proof of title to sustain possession of petitioner so as..........
Rent and Eviction -- Tenant who once entered property in question lawfully continues in possession after his right to do so extinguished, is liable to compensate landlord for such time period after right of occupancy expires...........
Rent and Eviction -- Tenant who once entered property in question lawfully continues in possession after his right to do so extinguished, is liable to compensate landlord for such time period after right of occupancy expires...........
