Rent and Eviction -- Sub letting - Two co-owners let out one shop consisting of two rooms - Sub letting in the year 1971 - Partition amongst co-owners in 1981 - Co-owners jointly filed eviction petition - Tenant liable to be evicted from both the rooms of shop - Plea of tenant that original tenancy was divided on account of partition hence eviction could be ordered only in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that ad valorem Court fee is payable - Suit for declaration that plaintiff alongwith defendants No.1 to 3 are owners in joint possession - Plaintiff claiming relief of declaration and injunction on the basis of existing title - Trial Court dismissed the application by holding that it is a mixed..........
Partition -- `Partition' is a re-distribution or adjustment of pre-existing rights, among co-owners/coparceners, resulting in a division of lands or other properties jointly held by them, into different lots or portions and delivery thereof to the respective allottees - When all co-owners get separated, it is a partition...........
Land Acquisition Act, 1894, Section 4, 5A, 6 -- Land acquisition - Notification u/s 4 issued in 2002 and u/s 6 in the year 2003 - Challenged on ground that opportunity of hearing of objections not given - Declaration quashed - Land owners agreed not to raise any objections later on with regard to limitation if second declaration issued - Second declaration issued in 2006 -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Co-owner - More than one co-owners - Any one of them can seek eviction of tenant for and on behalf of everyone...........
Punjab Town Improvement Trust Act, 1922, Section 36 -- Acquisition of land by trust - Rules of 1975 provide that Land Owners whose lands were acquired and were displaced will be allotted plots after development - Land of respondent acquired, but part of area over which residential house exists, excluded - Held, Respondent is not a displaced person - Further held, Spirit of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Joint property - Partition of property - A tenant cannot be evicted/dispossessed in execution of a partition decree passed between the joint owners - Tenant can be evicted only in accordance with the provisions of Rent Act...........
Punjab Security of Land Tenures Act, 1953, Section 9, Transfer of Property Act, 1882, Section 111 -- Ejectment proceedings - Total land 190 kanals and 15 marlas - Tenants had purchased only 70 kanals 5 marlas of land during pendency of ejectment application against them - They have not become owners of the entire land - Not open to tenants to say that they have become..........
Co-owner -- Rights - (1) A co-owner has an interest in the whole property and also in every parcel of it; (2) Possession of joint property by one co-owner, is in the eye of law, possession of all even if all but one are actually out of possession; (3) A mere occupation of a larger portion or even of an entire joint property does not necessarily amount to ouster as the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary parties - Co- sharers - Applicants claim to be co-owner with plaintiffs and assert possession over a part of suit property - Plaintiffs are claiming exclusive possession of suit property - Held, any decree in respect of possession in favour of plaintiffs may prejudice interest of applicants who are co-owners and..........
