Evidence Act, 1872, Section 116, Limitation Act, 1963, Article 65 -- Estoppel -Tenant asserting his ownership by adverse possession over portions other than the portions which form part of his tenanted accommodation - Provisions of estoppel not available...........
Court Fees Act, 1870, Section 7 -- Eviction petition - Tenant disputing title of landlord in written statement and an issue framed - For purpose of court fee suit could only be valued as the eviction suit and not what is stated in written statement...........
Rent and Eviction -- Death of statutory tenant - His estate becomes heritable simultaneously by such of the heirs as are mentioned in Schedule I, who ordinarily were residing with him at the time of his death. (H.P.Urban Rent Control Act, 1987)...........
Rent and Eviction -- Death of statutory tenant - Widow and two sons ordinarily residing with him - They simultaneously inherited the tenancy rights - On the death of widow two sons continued to be tenants - Held, civil suit for possession is not maintainable against the two sons as they can be evicted by having recourse to the ejectment proceedings under the Rent Control..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Eviction petition - Compromise - Eviction decree passed - Tenant taking some persons as partners - Partnership firm claiming itself to be tenant - Held, there is no privity of contract between the firm and the landlord - Application U.O.39 Rr.1, 2 seeking stay of execution of eviction decree rejected...........
Civil Procedure Code, 1908, Section 144 -- Exparte eviction order - Possession taken and another tenant inducted - Exparte eviction order set aside - Restoration of possession sought by tenant who was dispossessed - Held, landlord is bound to restore possession - Subsequent tenant cannot be equated to the status of bona fide purchaser and has no independent right -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- An interim injunction sought from interference in peaceful possession and enjoyment of suit premises till evicted under law - Plaintiff's brother was tenant against whom order of eviction passed - Plaintiff not made party to the eviction proceedings - Plaintiff failing to establish that he is in possession in his own right..........
U P Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20(4) -- Benefit of the provision - Can be claimed by a tenant only when he unconditionally pays or tenders to the landlord or deposits in Court the entire amount of rent and damages for the use and occupation of the building...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction petition - Compromise - Execution of decree - Objector given possession of disputed premises by J.D. as a licencee - Plea of objector that decree was obtained by D.H. in collusion with J.D. and that he was tenant of disputed premises - Not supported by evidence - D.H. producing sufficient evidence that disputed..........
Tort -- Water used by tenant on the upper floor and that water during the course of normal user escaping into the lower floor, causing damage to the articles kept in the lower floor by the plaintiff - Claim for damages caused to the goods - Principle of strict liability enunciated in Rylands v. Fletcher is not applicable, since consent of the plaintiff is implied for the..........
