Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of daughter-in-law - Once senior citizens have their own premises in which they are living, case becomes purely a eviction case which does not fall under provisions of the Act at all...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 2(a) -- Eviction of daughter-in-law - Daughter-in-law is not covered under definition of Children as mentioned in S.2(a) of the Act - She could not have directed to be evicted from her matrimonial house...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of daughter-in-law - Mere fact that complaint under PWDV Act filed by daughter-in-law after filing of claim petition by senior citizen under 2007 Act, same would not change the colour, as marital dispute existed between parties which is to be seen and noticed and not date when same has..........
Rent and Eviction -- Default in payment of rent - When there is no conclusion recorded regarding default, there could not have been an eviction order...........
Rent and Eviction -- Eviction order against deceased tenant without substitution of his LRs - Order passed against deceased tenant is thus, non-est...........
Slum Rehabilitation -- Eviction - Censured slum is also a slum as per Regu.33(10) of Slum Act and Development Control Regulations for Greater Mumbai, 1991 (DCR) and a separate notification u/s 4 of Slum Act is not required...........
Rent and Eviction -- Bona fide need - Need has to be real one rather than a mere desire to get the premises vacated...........
Rent and Eviction -- Bona fide need - Need of landlord for getting the suit premises vacated for establishing his two sons has to be seen on the date of filing of suit i.e. in 2001 - On the said date, need of landlord stands established - Said need would not get eroded by any earlier decree of eviction of the year 1988...........
Rent and Eviction -- Bona fide need - Landlord required premises for establishing an ultrasound machine for his two unemployed sons - Issue that his two unemployed sons do not have any expertise/training to run the ultrasound machine, the argument is without any substance, as person establishing such devices or ultrasound machines himself need not have any expertise in..........
Rent and Eviction -- Bona fide need - Landlord having other properties - It is for the landlord to take a decision in this regard - Once he has decided to get the suit premises vacated, no error or illegality could be pointed out in his decision - Moreover the suit premises is the most suitable accommodation for the required business - As landlord has proved his bona fide..........
