Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997, Section 4 -- Eviction - Judicial review - Order passed by Collector u/s 4 of the Act is appealable before Commissioner and tenant if still aggrieved can invoke writ jurisdiction of High Court - Power of judicial review is always available and can be exercised by High Court when required and..........
Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997, Section 3 -- Unauthorized occupation - When terms of grant, lease or allotment are not adhered to or have been determined or period of allotment, lease or grant as fixed has come to an end, that person in occupation is treated to be in unauthorized occupation - This is a pre-condition which confers..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Material alteration - Wall admittedly removed by tenant is one separating two shops - Identity of property is clearly lost - It is indeed a material alterations which has led to impairment of value of property in question - No infirmity, illegality in order passed - Eviction order..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - `M' was appointed to serve as a Trustee - After death of `M`s' husband she was the Trustee - `M' is willing and capable to pursuing interest of Trustee - In these circumstances, it cannot be said that `M' had no locus-standi to file eviction petition - In any case, the..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Co-owners - Maintainability of petition - Bonafide necessity - Eviction petition is maintainable by one of co-owners and landlord does not have to prove absolute ownership but has to show a better title - Thus, eviction petition is maintainable - Further, need as projected by landlord is bonafide and..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Eviction of daughter-in-law from suit property - Relationship between husband and his parents are not acrimonious - Daughter-in-law was clearly living with her i, laws and her husband till disputes arose between her and her husband - Relationship between parties is not congenial - Daughter-in-law residing in..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17, Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Right of residence of daughter-in-law - Whether obligation of providing shelter or roof is upon i, laws or upon husband of daughter-in-law i.e son, following guidelines issued in order to strike a balance between two acts :..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Fixation of mense profits - Admittedly, year of tenancy is 1989, which shows that tenant was inducted as a tenant around 30 years back at Rs.420/- p.m. as rent - As in these last 30 years, there are steep rise in the prices of essential commodities therefore, fixation of mense profits at..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - Business of tenant in premises can only be carried out in case necessary returns under sales Tax/VAT as were required at that time have been filed - However, no reliance placed on electricity bills or statements of witnesses from electricity board or oral..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - In order to come to conclusion as to whether tenant has ceased to occupy premises 12 months prior to filing of eviction petition, one would essentially be required to discuss evidence that was led by parties not only at time when issues were framed by Rent..........
