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Eviction

This tag is associated with 3 posts

M.P. Accommodation Control Act, 1961 (for brevity “the Act”) to file the suit for eviction.= In a suit for eviction and mesne profits , on failure to prove relationship of land lord and tenant , no eviction should be granted basing on title, plaintiff ought have to file a suit for declaration of title and possession, and the period indulged in this proceedings arrest the period of adverse possession = Tribhuvanshankar … Appellant Versus Amrutlal …Respondent = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40966

M.P.  Accommodation  Control Act, 1961 (for brevity “the Act”) to file the  suit  for      eviction.= In a suit for eviction and mesne profits  , on failure to prove relationship of land lord and tenant , no eviction should be granted basing on title, plaintiff ought have to file a suit  for declaration of title and … Continue reading

The subject premises are said to be residential premises. One of the essential conditions to be tenant after the tenant’s death in the case of residential building is that such person must be heir of the deceased tenant. = The parties are admittedly governed by Hindu law. The applicant’s father, who is respondent No. 2, is alive. In other words, the deceased tenant is survived by his son – Jitendra Kumar Gupta (respondent No. 2). Since the applicant (respondent No. 1) is not a son of pre-deceased son, he is not a heir of his deceased grand-father under Section 8 read with the Schedule of the Hindu Succession Act. The High Court clearly erred in not taking into consideration the first requirement of the definition of ‘tenant’ whether or not the applicant was the heir of the deceased tenant. As noted above, the applicant is not a heir of deceased tenant and, therefore, he cannot be held to be a joint tenant along with respondent No. 2 in the subject premises. 8. Appeal is allowed accordingly. The impugned order of the High Court dated May 11, 2011 is set aside and the order dated March 9, 2011 passed by the prescribed authority is restored. 9. The prescribed authority is requested to decide the eviction proceedings as expeditiously as may be possible. 10. No costs. ‘

‘     IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3956 OF 2013 (arising out of S.L.P. (Civil) No. 20826 of 2011) SURAJ PRAKASH GULATI & ANR. Appellant(s) VERSUS PANKAJ GUPTA & ANR. Respondent(s) O R D E R Leave granted. 2. Respondent No. 1 – Pankaj Gupta – made … Continue reading

The supreme court of U.K. =Mexfield Housing Co-Operative Ltd (“Mexfield”) is a fully mutual housing co-operative association, which was founded by a bank as part of a mortgage rescue scheme, ie with a view to buying mortgaged properties from individual borrowers who are in difficulty, and then letting the properties back to them. In that capacity, it acquired a number of residential properties, which it then let out to the former owner-mortgagors, who, in the normal way for tenants of a fully mutual housing co-operative, were required by its rules to be members of Mexfield.

Michaelmas Term [2011] UKSC 52 On appeal from: [2010] EWCA Civ 811 JUDGMENT Berrisford (FC) (Appellant) v Mexfield Housing Cooperative Limited (Respondent) before Lord Hope, Deputy President Lord Walker Lady Hale Lord Mance Lord Neuberger Lord Clarke Lord Dyson JUDGMENT GIVEN ON 9 November 2011 Heard on 5 and 6 October 2011Appellant Respondent Mark Wonnacott … Continue reading

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