Constitution of India, 1950, Article 227, Punjab Rent Act, 1995, Section 24(3), 38(4), 38(5) -- Punjab Rent Act Sch.III - Rent and eviction - NRI landlord - Non-service of summons - Tenants filed present petition just to stall eviction proceedings by hook or crook and obtained interim stay for their dispossession without any lawful basis - As due compliance of Ss.38(4),..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Eviction suit - Petitioners sought their impleadment in suit claiming themselves to be owner of suit property - However, petitioners have already instituted a suit for declaration of title - Question of title is not to be adjudicated in eviction suit, as eviction proceedings are summary in nature -..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4)(ii) -- Eviction petition - Destroy or reduce value of building materially and permanently - Eviction sought in earlier rent petition on very same ground and got rejected - There is no pleadings or evidence to prove that after the dismissal of earlier petition tenant has reduced value and utility of building..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32, 56, Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Suspension of payment of rent - Due to COVID-19 lockdown - There is no rent agreement or lease deed between parties and hence S.32 of Contract Act has no applicability - Even, case is governed by provisions of Delhi Rent..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23 -- Eviction order - Property of senior citizen - Claim for eviction is maintainable u/s 4 read with various other provisions of the Act by a senior citizen against his children and also grand children - Senior citizen can apply for declaration of transactions made in favour of their children and..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23 -- Eviction - Property of senior citizen - Provisions of the Act applicable to a senior citizen who has attained the age of 60 years on the date of filing of application u/s 4 read with other provisions of the Act and not otherwise...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20 -- Eviction order - Revisional jurisdiction - High Court while exercising its revisional jurisdiction u/s 20 of the Act is not expected to re-appreciate entire pleadings and evidence on record - High Court is only supposed to examine legality of impugned judgment and order...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide requirement - It is not for tenant to dictate the choice of landlord in deciding his proposed business...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide requirement - Person who projects bonafide need is not expected to give his avocation merely on filing a RCP, and on expectation that he would get an order of eviction in future...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide requirement - Dependency contemplated u/s 11(3) of the Act, does not mean financial dependency alone...........
