Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Tenant sought amendment by incorporating subsequent events occurred during pendency of appeal without specifying exactly when these alleged subsequent events have taken place - Subsequent event pleaded in application was not of such nature which obliterated the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23, 22 -- Eviction of son and daughter-in-law residing in self acquired property of senior citizens - Safety and security of senior citizens shall be in jeopardy unless son and daughter-in-law are evicted - Son is not expected to brand his aged father a `swindler' or then allege that aged parents..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material impairment of value and utility of building - Removal of such impairment after filing of eviction petition - Once acts of tenant puts ownership of landlord at peril, such acts or omission do fall within expression impair materially the value and utility of building - Eviction order..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Eviction petition - Merely because a previous eviction petition on one of grounds is pending, second petition cannot be said to be barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction petition - Where previous judgment filed by previous owner on the same ground has not been brought on record, in absence thereof it would not be appropriate to return a finding on question of res judicata...........
Coal Mines (Nationalisation) Act, 1973, Section 3(1), 2(h)(xi), Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -- Eviction decree - Validity - Orders evicting unauthorized occupants from public premises at mines area - Challenge as to - Acquisition and transfer of title and interest of owners of coal mines and vested in Central Government - Since..........
Rent and Eviction -- Eviction petition - Plea of tenant having no objection to vacate subject to refund of security deposit and expenditure of Rs.75 Lakhs for repairs and maintenance of premises - Proof of expenditure - A suggestion has been put to DW1 that no money was spent by tenant for repairs or renovation of suit schedule premises, as the suit schedule premises was a..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 18(1)(b), 20 -- Eviction petition - Bonafide need - There is no evidence to show that landlord has any other building in her possession - Tenant being a cooperative society, second proviso to S.11(3) of the Act has no application - Eviction order upheld - Directions issued...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - If bonafide requirement of landlord continues, landlord has a recurring cause of action...........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Right of residence - Shared household - Where residence is a shared household, it does not create any embargo upon owner to claim eviction against his daughter-in-law - A strained frictional relationship between the parties would be relevant to decide whether the g4rounds of eviction exist...........
