Constructive Eviction - Judgment Search Results

Hari NaraIn Vs. Badri Das

Court: Supreme Court of India

Reported in: AIR1963SC1558; [1964]2SCR203

..... into question regarding construction of section 13 1 a held appellant guilty of betraying confidence of court and liable to be evicted indian penal code ..... appellant wanted to urge before this court was in regard to the construction of section 13 1 a of the act read with section 13 ..... in invoking the protection of s 13 1 a even on the construction placed by the high court on that section are found to be .....

Union of India (Uoi) Vs. Ram Charan and ors.

Court: Supreme Court of India

Reported in: AIR1964SC215; [1964]3SCR467

..... not be said to have constructed the buildings on another s land in the hope that he would not be evicted so long as he ..... buildings such as restrictions about the size and nature of the building constructed the building materials to be used therein and the purpose for ..... or is in relation to the erection of buildings such a construction would reconcile the proviso with the preamble which sets out the .....

Surya Properties Private Ltd. and ors. Vs. Bimalendu Nath Sarkar and o ...

Court: Kolkata

..... it was held on a construction of section 11 1 a of the bihar buildings lease rent and eviction control act of 1947 ..... for determining leases for manufacturing purposes moreover to adopt the construction suggested will also play havoc on leases granted for fixed ..... which eviction was being sought was a valid notice 79 to ascertain the intention of the legislature and arrive at a true construction .....

The Mylapore Hindu Permanent Fund Ltd., Suing by their Secretary, Sri ...

Court: Chennai

Reported in: (1964)1MLJ213

..... to tenants who had constructed buildings on the lands of others in the hope that they would not be evicted so long as ..... understood between the landlord and the tenant that the latter could construct the superstructure only on the condition of its being surrendered ..... lease deed in this case provided certain terms to govern the construction of the superstructure by the defendant the learned counsel for .....

Kuriakose Kurian Vs. Saramma Chacko and ors.

Court: Kerala

Reported in: AIR1964Ker154

..... give effect to that intention unless the language of the statute is impossible of such construction he points out further that the opening words of the definition clause gives sufficient indication ..... act tenant obtained right to deposit arrears of rent and pray for vacating eviction order revision petition against eviction order pending when new right conferred on tenant within three days of .....

Roshan Lal Goswami Vs. Gobind Raj and ors.

Court: Punjab and Haryana

Reported in: AIR1963P& H532

..... fundamental rule that the courts have to find out the legislative intent the rules of construction and interpretation of statutes are in the nature of guides for discovering the legislative intent ..... displaced persons compensation and rehabilitation rules 1955 which a tenant can avail of if his eviction is sought by the managing officer but in these proceedings which cover a transitional stage .....

Krishanlal Ishwarlal Desai Vs. Bai Vijkor and ors.

Court: Supreme Court of India

Reported in: AIR1967SC375; (1964)GLR171(SC); [1964]1SCR553

..... obtainback possession of the said premises 17 1 clearly supports this construction 17 1 thus clearly proves that all therelevant clauses have ..... it should be done within areasonable time we think this construction cannot be accepted because it isextremely unlikely that the legislature ..... 1 section 17 1 reads as under where a decree for eviction has been passed by thecourt on the ground specified in .....

Lakhiram Ramdas Vs. Vidyut Cable and Rubber Industries

Court: Mumbai

Reported in: (1963)65BOMLR604; 1963MhLJ942

..... the plaintiff being out of possession can only ask for possession and his being in constructive possession as a landlord or a mortgagor or an owner where a trespasser is squatting ..... cannot avail what in effect he wanted was removal of the defendants which amounts to eviction and actual possession which the defendants were not to be allowed to disturb mr motwani .....

A. Ramachandra Rao Vs. A. Venkata Lakshminarayana Sastry

Court: Andhra Pradesh

Reported in: AIR1964AP31

..... is whether it is permissible to apply an equitable rule of construction having regard to the hardship which was felt and to import ..... time cannot be construed as a waiver of right of eviction order of eviction upheld motor vehicles act 59 of 1988 section 149 ..... considered and inserted entitling the landlord to terminate the lease and evict the tenant the legislature took into consideration that the mere .....

Siddheswar Paul Vs. Prakash Chandra Dutta

Court: Kolkata

Reported in: AIR1964Cal105,68CWN30

..... requires reconsideration in view of fundamental differences of opinion on the construction of section 17 of the act and by their order dated ..... bengal premises tenancy act 1958 provides for protection of tenants from eviction by their landlords it is however not a provision for ..... not include any person against whom any decree or order for eviction has been made by a court of competent jurisdiction this .....