Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 24 -- Property of senior citizen - Interim eviction order pending disposal of application u/s 24 of the Act - There is no express provision in Cr.P.C. to pass interim eviction order nor there is any prohibition to pass such an order - Provisions of Chapter VI to be construed to confer an implied..........
Agreement to sell -- Specific performance - - Readiness and willingness - Appellant is tenant of suit property and agreed to purchase it as per agreement - However, respondent landlord denied the same - No evidence was produced by tenant to show his readiness and willingness to perform the contract - On the contrary, when owner denied appellant's claim of tenancy, he just..........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Discovery of document - Maintainability - Suit for partition and separate possession - Plaintiffs filed suit claiming suit property as ancestral - It is their bounden duty to prove the same by adducing oral and documentary evidence - Admittedly, in present case trial has not begun - Therefore, no need to direct plaintiffs to..........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Discovery of document - Maintainability - Suit for partition and separate possession - Defendants alleged that plaintiffs are in possession of original deeds but failed to file any material to the same - Fact that the suit property is ancestral and plaintiffs clearly stated that they are not in possession of said documents -..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 22(2), Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, Rule 22(3)(i) -- Property of father-in-law - Application for eviction of daughter-in-law without seeking maintenance - Maintainability - Rules 2016 entitling a senior citizen to seek eviction of his son,..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 22(2), Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, Rule 22(3)(i) -- Property of senior citizen - Senior citizen entitled to evict his son, daughter or legal heir from his property irrespective of whether it is an ancestral or self acquired property -..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 22(2), Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, Rule 22(3)(i) -- Property of senior citizen - Eviction - Proceedings before District Magistrate are summary proceedings and do not entail recording of elaborate evidence - Such proceedings are to be..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 22(2), Delhi Maintenance and Welfare of Parents and senior Citizens (Amendment) Rules, 2016, Rule 22(3)(i) -- Property of senior citizen - Eviction of daughter in law - Whether R.22(3) applicable to daughter in law - Expression `son and daughter of legal heirs' as used in Rules must also take..........
Civil Procedure Code, 1908, Section 151 -- Restoration of possession - Malice in law - Trial Court passed temporary injunction order restraining State from disturbing peaceful possession of plaintiff over suit property but the same was set aside in appeal - State took undue advantage of Appellate order and barricaded suit property and also prepared certificate of..........
Co-owner -- Eviction petition - One co-owner can file suit for eviction against a tenant if there is no opposition of the other co-owners/co-landlords - However, when other co-owners oppose termination of tenancy then ratio of the judgments of Supreme Court in the case of Sk.Sattar Sk.Mohd. Choudhari applies which lays down that when there are various..........
