Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Rent and Eviction -- Landlord & Tenant - A person without being the owner of immovable property can well be the landlord and in that event a person coming to occupy the said property as a tenant under the said landlord is estopped from questioning the right or status of the landlord...........
Rent and Eviction -- Landlord and tenant - Landlord seeking eviction of tenant - State of Orissa is the recorded owner of suit property - However, State of Orissa not impleaded as a party to the eviction petition - A person without being the owner can well be the landlord - Suit can never fail for non impleading the owner as a party - There is no need for compliance of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of sons - Respondent no.4 is the mother of petitioner and respondent no.5 - Nothing on record to even remotely show that basic amenities were being provided by petitioner to mother - Moreover, even with respect to the fact of rent and pension being..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Prima facie there is relationship of landlord and tenant between parties - Whether it is lease amount or licence amount is a question of trial - Assessment of provisional rent is not going to cause any prejudice to petitioners - Appellate Court rightly directed Rent..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Prima facie there is relationship of landlord and tenant between parties - Whether it is lease amount or licence amount is a question of trial - Assessment of provisional rent is not going to cause any prejudice to petitioners - Appellate Court rightly directed Rent..........
Limitation Act, 1963, Section 5, Rajasthan Rent Control Act, 2003, Section 15, Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Non filing of written statement in time - Condonation of delay - Petitioner failed to place any document on record to show the hardship that was caused to him on account of which he did not file written statement in time - He was..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While calculating salary of husband deductions to be made are income tax and professional tax - Deductions such as provident fund contribution, house rent recovery, furniture recovery, towards loan obtained, LIC premium and festival advance are accruing to the benefit of husband only and not deductible..........
Rent and Eviction -- Demolition notice of Municipal Council - Court in eviction proceedings u/s 16(1)(k) of Maharashtra Rent Control Act has very limited role in determining as to whether demolition is really necessary or not - But it does not automatically follow therefrom that Court would mechanically adopt the view of municipal authority of there being urgent need of..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Merely saying that provisions of Rent Act are applicable and Civil suit could not be filed, is not a ground to give benefit to defendant - Defence rightly struck off...........
