Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Property of father - Son has taken forcible possession of property and has not taken care of father inspite of four operations of father - Father has to live at different places on the mercy of other persons - Eviction order upheld...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Son ready to serve father - Such statement after filing of eviction petition is just to save himself from eviction - Such statement cannot be made basis to set aside eviction order...........
Rent and Eviction -- Vacation of premises - Refund of security deposit - Tenant terminated the lease which was made effective from 16.06.2004 but tenant continued to occupy the premises upto 18.06.2006 when the keys were finally handed over to landlady - Landlady filed petition for eviction and recovery of arrears of rent for the period 16.08.2004 till 20.02.2006 after..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - As and when an eviction suit is filed under the general law in the State of Haryana, this in itself is a notice to quit tenant - No prior notice u/s 106 of the Act to quit is required to be given in order to get a decree of eviction against tenant...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice was served on tenant terminating tenancy - Suit for eviction filed almost after another two years, thus more than sufficient time had been given to defendant so as to vacate premises - Findings of Courts below on issue relating to validity of notice regarding termination of tenancy..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed for declaration and permanent injunction and subsequent suit for eviction - Issues which arise in earlier suit are quite distinct from issues which arise in suit seeking eviction of tenants - Although suits may be in respect of very same property, nevertheless, issues do not overlap and..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed for declaration and permanent injunction and subsequent suit for eviction - Issues which arise in earlier suit are quite distinct from issues which arise in suit seeking eviction of tenants - Although suits may be in respect of very same property, nevertheless, issues do not overlap and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff is seeking injunction against true owner, as neither possession of plaintiff recorded in revenue records nor he claimed any title in suit land - He has not even made any attempt to identify the extent or boundaries of land which he claims to be in his possession - Merely on the basis of..........
Rent and Eviction -- Landlord & Tenant - A person without being the owner of immovable property can well be the landlord and in that event a person coming to occupy the said property as a tenant under the said landlord is estopped from questioning the right or status of the landlord...........
