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..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(a)(b), 11(3) -- Rent and eviction - Bonafide requirement - It is for the landlord to decide as to which premises is required by him - Appellate Authority also found that the reasons put forward for not utilising certain rooms for satisfying the need of his son were acceptable - No reason to take a different..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Sub-letting - It is difficult to produce direct evidence of sub-letting - It is to be inferred from the facts and circumstances of case...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Sub-letting - Plea of franchisee - However, failure to produce any document of franchisee - No document on record that tenant is occupying disputed premises or even part thereof - Tenant thus, walked out of premises and exclusive possession of property given to sub-tenant, who is running his..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Once tenancy is terminated through valid notice, thereafter any deposit of rent would not invalidate the plea of eviction claimed by landlord...........
Rent and Eviction -- Extension of time to vacate - Tenants are poor persons - Reasonable time granted to tenants to vacate the premises on deposit of decretal amount as well as advance rent for a period of six months from the date of order along with undertaking that they shall vacate the premises in question immediately after expiry of six months...........
Rent and Eviction -- Eviction suit against tenants of Waqf property is maintainable before Small Causes Court...........