Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5(1), Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 22 -- One `C' declared unauthorised occupant and his eviction ordered - Appeal also dismissed - During pendency of writ petition death of petitioner - Impleading of L.R's - Held, since the petitioner was declared..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 7 -- Eviction petition - Whereabouts of tenant not known - Proceeded exparte - Wife of the tenant carrying on business in the premises - Wife is entitled to get herself impleaded as a party - She is proper as well as necessary party - Order dismissing application U.O.1 R.10 set aside...........
Civil procedure Code, 1908, Section 144, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Exparte eviction order - Tenant evicted - Exparte decree set aside and court ordering restitution of possession - In the meantime landlord transferred property who inducted tenant - Tenant filing suit and sought temporary injunction restraining execution of order of..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Eviction petition - Consent decree - Term in decree that if all arrears are paid on or before particular date landlord will not recover possession in execution - Term is not penal in nature - Decree is executable...........
Civil procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Eviction decree - Stay of execution of eviction decree sought by married daughter of deceased original tenant who was not a party to the eviction petition - Eviction decree becoming final into Supreme Court - Held, injunction should not be granted unless there is positive evidence of her..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Eviction decree - Execu-tion - Objection that decree has become inexecutable in view of sub-sequent agreement/fresh contract of tenancy - Held, objection is not tenable as claim falls within the preview of adjustment and the same is not certified as envisaged by rule 2 of order 21 CPC...........
Rent and Eviction -- Relationship of landlord and tenant - Payment of rent does not necessarily establish relationship of landlord and tenant - Such payment may only prove permissive occupation not amounting to any right or title to possession...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Joinder of necessary parties - One of several co-owners can maintain a suit for eviction against a stranger - The defendant must make a specific allegation as to who are the persons who are necessary parties to the suit - In the absence of such an averment courts should not entertain the plea regarding non joinder of necessary..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Eviction petition - Decree for eviction on basis of compromise petition of parties - Terms of compromise containing admission of tenant as to existence of grounds on which eviction was sought - Decree is not nullity - Decree is executable...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Restraining defendant from raising construction by putting up shutter etc. on the shop under tenancy - Merely for the reason that there is another remedy for eviction under the Rent Act is no ground to debar the party from invoking his civil right...........
