Rent and Eviction -- Findings of fact - Revisional jurisdiction of High Court - High Court cannot interfere with finding of fact in revisional jurisdiction unless there is perversity or misappreciation of evidence by Appellate Authority. (Kerala Rent Control Act, 1965, S.20)..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4 -- Eviction of daughter - Property of mother - Mother seriously apprehends physical and mental harassment and consequently threat to her life at the hands of her divorcee daughter, if she goes to reside in her own flat without daughter being evicted from same - However, in view of COVID-19 pandemic..........
West Bengal Premises Tenancy act, 1956, Section 2(g) -- Suit for eviction - Non-impleadment of one of the heirs of deceased tenants - Maintainability of suit - Legal heir, eldest daughter of deceased tenant, post marriage started living in her matrimonial home and so, not living with deceased nor was dependent upon him - Therefore, suit for eviction maintainable...........
West Bengal Premises Tenancy act, 1956, Section 13(1) -- Suit for eviction - Bonafide requirement - Landlord, living in rented premises as tenant cannot be considered to have sufficient accommodation - Failure of tenants in establishing that landlord have other accommodation as well - Eviction upheld...........
Rajasthan Rent Control Act, 2001, Section 21, Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Eviction petition - Amendment of plaint - Amendment sought for is subsequent event and if allowed would not change nature of suit - Rather, it is essential for deciding real controversy involved between parties - Amendment allowed...........
Constitution of India, 1950, Article 227, Punjab Rent Act, 1995, Section 24(3), 38(4), 38(5) -- Punjab Rent Act Sch.III - Rent and eviction - NRI landlord - Non-service of summons - Tenants filed present petition just to stall eviction proceedings by hook or crook and obtained interim stay for their dispossession without any lawful basis - As due compliance of Ss.38(4),..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Eviction suit - Petitioners sought their impleadment in suit claiming themselves to be owner of suit property - However, petitioners have already instituted a suit for declaration of title - Question of title is not to be adjudicated in eviction suit, as eviction proceedings are summary in nature -..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4)(ii) -- Eviction petition - Destroy or reduce value of building materially and permanently - Eviction sought in earlier rent petition on very same ground and got rejected - There is no pleadings or evidence to prove that after the dismissal of earlier petition tenant has reduced value and utility of building..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32, 56, Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Suspension of payment of rent - Due to COVID-19 lockdown - There is no rent agreement or lease deed between parties and hence S.32 of Contract Act has no applicability - Even, case is governed by provisions of Delhi Rent..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23 -- Eviction order - Property of senior citizen - Claim for eviction is maintainable u/s 4 read with various other provisions of the Act by a senior citizen against his children and also grand children - Senior citizen can apply for declaration of transactions made in favour of their children and..........
