Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 22(1)(a), 2(e)(v) -- Ejection of trespasser - Word `occupier' as defined in S.2(e)(v) of the Act - It includes trespasser - Written permission of competent authority u/s 22(1) (a) is mandatory for initiating eviction proceedings against trespasser...........
Court Fees Act, 1870, Section 7(v), Civil Procedure Code, 1908, Order 7, Rule 7 -- Landlord purchasing property in possession of tenant - Eviction petition - Failure to prove relationship of landlord and tenant - In absence of proof of relationship of landlord and tenant landlord is not entitled to a decree for possession - However, landlord is entitled to seek possession..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Amendment - Eviction sought from two rooms - Landlord during pendency of eviction petition forcibly dispossessed from two other rooms - By amendment of petition eviction cannot be sought from four rooms - Prima facie tenant is deemed to be..........
Specific Relief Act, 1963, Section 37 -- Trespasser - Injunction on the basis of possession - Evacuee property - Unauthorised occupation - Eviction proceedings under Act of 1972 - Collector ordered eviction - Appeal and writ petition dismissed - Possession taken by State - Re-occupation of property after eviction - Suit for permanent injunction on the basis of possession...........
Rent and Eviction -- Allegation that defendant was a trespasser - Defendant pleading that he entered into premises as tenant on paying advance rent to power of attorney holder of plaintiff - According to plaintiff power of attorney holder had no power to let out premises - No rent deed executed - No confirmation to let out premises received from plaintiff - Advance rent..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Licensee - After expiry of licence period is not entitled to injunction against his eviction or disturbance of possession against owner as his possession is that of a trespasser...........
Unauthorised occupant, eviction of -- Even a trespasser can only be evicted in a manner authorised by law - Unauthorised occupant cannot be thrown out just by police force-Competent authority has to hear, record a finding about being in unauthorised possession and then evict in the manner authorised by law...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 2(e) -- Trespasser - A person entering into Govt. land and remained in unlawful posses-sion - The person though trespasser cannot be ejected by Govt. forcibly - Govt. to take action under law against the trespasser...........
Transfer of Property Act, 1882, Section 2, 5, 44 -- Suit for possession after eviction - Appellant in occupation of the disputed house both in part performance of agreement to sell executed by two of the three brothers as well as under a transfer effected in execution of a decree - Transfer through Court is covered by Cl.(d) of S.2 of the Act - Operation of S.44 stands..........
Punjab Tenancy Act, 1887, Section 77, 4(5), 14 -- Tenant if denies title of landlord - Becomes trespasser - Liable to eviction...........
