Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of mother-in-law - Eviction of daughter-in-law - Property was transferred by senior citizen in favour of his son - Proceedings under the Act were initiated by senior citizen after death of her son who before his death had already transferred property in favour of daughter-in-law - No..........
Rent and Eviction -- Bonafide requirement - Bona fide requirement for occupation of landlord includes the requirement of family members...........
Rent and Eviction -- Bonafide requirement - Landlord died during pendency of proceedings - In the absence of any denial to facts that son of landlord is crippled and has no other source of income or any other business, his need is clearly established - Moreover, tenants who own several businesses have managed to cling on the premises for last 63 years even after expiry of..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Specific date of eviction not proved by plaintiff - Plaintiff had to prove specific date of his eviction as to when he was evicted - He contended that he was not residing there and he had paid rent since 1987 - Trial Court wrongly concluded that plaintiff was evicted six months before filing of..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 7(3), Limitation Act, 1963, Section 18 -- Applicability - Licence - Question raised that in reply to the show cause notice under section 7(3) of the PP Act, no objection regarding the plea of limitation had been taken - The lessor as such would be entitled to the benefit of extension of limitation..........
Civil Procedure Code, 1908, Order 20, Rule 12(1)(c) -- Future mesne profits - Eviction decree - Order as to inquiry into future mesne profits from the date of suit till delivery of vacant peaceful possession modified to inquiry into future mesne profits from date of decree of eviction till delivery of vacant possession as relationship of landlord and tenant comes to an end..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of father - Eviction of son - Merely because property belongs to senior citizen, it is not necessary or mandatory to pass an order of eviction in every case, particularly when claim of son regarding 1/6th share and cancellation of gifts and sale deeds is pending adjudication before..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of father - Eviction of son - Property in question exclusively belongs to senior citizen and he is residing in a rented accommodation with another son - Senior citizen has no other property in his name except property in question - Son rightly evicted...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 21, 22 -- Eviction of daughter - Property does not belong to father/senior citizen - Senior citizen not being owner of property, thus, cannot seek eviction of his daughter - Authorities passed the impugned order of eviction without jurisdiction - In case possession of property is to be sought by..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Concurrent findings of Courts below as to relationship of landlord and tenant - This is a finding of fact which could not be disturbed by Court in Second Appeal, as it was not open for Court to examine evidence assuming First Appeal jurisdiction, unless findings returned were perverse - Judgment of..........
