Essential Commodities Act, 1955, Section 3, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, 9 -- Retail petroleum outlets - Cancellation of dealership of appellant - Applicability of 1971 Act - Since dealership of appellant has been cancelled, he cannot claim to retain possession on basis of ownership of land as the lease is in continuance -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier eviction petition filed by landlady only for residential purposes of her son, was dismissed on the ground that no, residential building cannot be allowed to be vacated for residential purposes - However, subsequent eviction petition filed by landlady not only for her son but for herself also for both..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Documents sought to place on record by way of additional evidence are allotment letter of demised premises and its conveyance deed - Said documents are public documents, authenticity of which has not been denied by landlady - More so, documents are necessary for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Where landlady herself is paying higher rent than that getting from tenanted premises, then payment of higher rent is a ground to seek eviction of tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Sub-letting - Where sub-tenants themselves admitted that they have been inducted as tenants by original tenants and not by landlady, therefore they would sink and swim with original tenant - As sub-tenants enjoying possession of demised premises not with the consent of landlady but by an illegal design..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Application u/s 22 of Act against daughter-i, law for eviction - Maintainability - Application is maintainable against any person irrespective of the fact whether daughter-i, law in the application falls within category of persons as defined in the definitions of the Act - However, only rider..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16 -- Appeal against order of eviction of daughter-i, law u/s 22 of the Act - Maintainability - Daughter-i, law being an aggrieved party has a right of appeal - Appeal against order of eviction of daughter-i, law is maintainable...........
Civil Procedure Code, 1908, Order 15A, Rule 1, 2(as - - Eviction suit - Application filed U.O.15-A CPC before filling of written statement - Maintainability - Suit for eviction and recovery of possession without any claim of arrears of rent filed after expiry of lease period - An application U.O.15-A by plaintiff is held maintainable even before filing of written statement..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11 -- Rent and eviction - Bonafide requirement - Eviction petition - Maintainability - To file petition u/s 11(8) of the Act, it is material whether landlord is in occupation of another portion of same building of which tenanted premises is a part - If he is, then petition u/s 11(8) of the Act is maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for permanent injunction by tenant restraining landlord from evicting him without following due process of law - Defendant can advance a counter claim with the relief of eviction, arrears, house rent and damage - In view of admitted relationship, such a counter claim can never be said to be not..........
