East Punjab Urban Rent Restriction Act, 1949, Section 2(a), 13B -- Non resident Indian - Ejectment of tenant - Building - One premises/integrated larger building - Ejectment of tenants u/s 13B from an integrated larger building - Not restricted in respect of premises in possession of one tenant - More than one tenant inducted in one large building can be ejected. 2007(1)..........
Transfer of Property Act, 1882, Section 60 -- Mortgage of property to tenant - Clause in mortgage deed that on redemption of the mortgage the mortgagee will become the lessee of the mortgagor automatically as previous to the mortgage - Mortgagor has no right to possession automatically on redemption of mortgage as on redemption of mortgage, mortgagee becomes the lessee of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - A person not in possession can also obstruct or resist the delivery of possession of immovable property - A person who has right in the immovable property in question is entitled to be heard in the matter on merit...........
Industrial Disputes Act, 1947, Section 25F , 11 -- Burden of proof - Adverse inference - Held that onus to prove that a workman had worked for a period of 240 days, lies on the workman - The workman had not only stated so in his statement of claim, affidavit and his evidence, but had also filed an application under Section 11 of the Act, requesting the Labour Court to..........
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 -- Suit for recovery of possession - Barred by limitation - Suit filed after 36 years of entering into agreement - Agreement of construction entered between appellants and contractor to raise construction in which possession was given to contractor on his own cost - Upon failure to make payment of..........
Limitation Act, 1963, Article 65 -- Suit for possession based on title - Limitation - 12 years from date of denial of title for the first time...........
Muslim Law -- Hibba (Gift) - Requirement of a valid Hibba - For a valid Hibba donor must declare that he gifted the property to donee but in a case where possession is already with the donee and both of them are living together there is no need to hand over the possession of the property to the donee - In such cases, some overt act in furtherance to Hibba is essential to..........
Transfer of Property Act, 1882, Section 106 -- Civil Court decree of possession - Where there is month to month tenancy and tenancy has been terminated by a legal notice u/s 106 of the Act and tenant is paying rent over Rs.3500/- per month - Civil Court can pass a decree of possession...........
Registration Act, 1908, Section 49 -- Unregistered mortgage deed - Admissible in evidence for the determining the possession of mortgagee. AIR 2004 SC 3856 relied...........
Adverse Possession -- Plea of adverse possession necessarily implies the admission of title of plaintiff...........
