Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction petition - Execution - Death of tenant - Legal heirs of tenant become only joint tenants and not tenants in common - Eviction decree against one of the joint tenants - Decree is binding on other joint tenants - Objection to execution of decree by other joint tenant - Not tenable...........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Substitution of legal representative - Release of accommodation sought - Death of applicant - Adopted son filing application under R.25 stating that he is sole legal representative of landlord - Need was set up by landlord with regard to family members including his adopted son - No impediment to prosecute application..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 16, 15(5), Civil Procedure Code, 1908, Order 22, Rule 3 -- Eviction order - Revision against - Death of revision petitioner during pendency of revision - Revisional Court has inherent power to being L.R's on record - Limitation of 3 years prescribed U.O.22.R.3 is not applicable to proceedings under Rent Act...........
Civil Procedure Code, 1908, Order 22, Rule 5, 9 -- Eviction petition - Son as sub lessee impleaded as a party - Death of tenant - Son as sub lessee and L.R. of tenant fulfils both capacities - No question of abatement of petition - Application of son for abatement rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Eviction suit - Additional pleas sought to be introduced in plaint on basis of Will coming to knowledge subsequently - Will unregistered and unprobated and not on stamp paper and amendment application not supported by affidavit - Will disclosed after more than a decade since death of testator - Will..........
Rent and Eviction -- Bona fide requirement - Subsequent events - Appellate authority passed eviction order on the ground that requirement of landlord to start cloth business is bona fide - Writ petition filed by tenant in High Court - Landlord died during pendency of writ petition - Held, eviction order passed by the appellate authority amounted to a decree of civil Court..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Eviction petition - Death of petitioner during pendency of proceedings - L.R's filed application within time for impleadment - No order passed on application - Omission noticed at later stage of proceedings - Proceedings are not vitiated - Court has inherent powers to set right its own mistake...........
Rent and Eviction -- Death of statutory tenant - Widow and two sons ordinarily residing with him - They simultaneously inherited the tenancy rights - On the death of widow two sons continued to be tenants - Held, civil suit for possession is not maintainable against the two sons as they can be evicted by having recourse to the ejectment proceedings under the Rent Control..........
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, Section 115, Order 22, Rule 1 -- Exparte eviction decree - Revision - Death of one of the landlords during pendency - L.R's not substituted - Right survives to other co-owners on record - Revision would not abate...........
