Judgment Search Results Home > Cases Phrase: the kerala stay of eviction proceedings act 2001 1 Page 1 of about 2,483 results (0.178 seconds)

K.C. Mathew Vs. D. Aruna

Court : Kerala

..... 'c.r' ~~~~~~~~~~~~~~~~~ r.c.r nos.168 & 249 of 2013 ~~~~~~~~~~~~~~~~~ dated this the 26th may, 2014 order p.ubaid,j.the landlady, and also the tenants, in a proceeding for eviction brought under section 11 (3) and 11 (4) (iii) of the kerala buildings (lease and rent control) act, 1965 are now before this court in revision in view of the divergent findings of the courts below. ..... lajwanti kathuria (dead) through lrs [(2008) 8 scc497, the hon'ble supreme court held that the landlord is the best judge of his requirement, and the court cannot sit in judgment over the wisdom of the landlord in his determination regarding the need projected in the eviction proceeding. ..... on the death of cherukutty, the tenancy devolved upon the legal heirs who r.c.r nos.168 & 249 of 2013 2 are the respondents in the eviction proceedings. ..... such a firm was constituted much prior to the initiation of eviction proceedings by the landlady herein. ..... there is nothing to show that the present eviction proceeding brought by the landlady is a ruse for eviction.12. ..... in this case, the eviction proceedings started in 2007, but the partnership doing business in the building no.11/38 on the cherooty road was formed in 2001. ..... the tenants are given time till 31.8.2014 to vacate the premises on payment of rent promptly, and till 31.8.2014 execution proceedings will stand stayed. .....

Present: Mr. M.L. SarIn Senior Advocate with Vs. M/S Chandigarh Sales ...

Court : Punjab and Haryana

..... consequently while waiting for result of eviction proceedings, the fact that the landlords or their progeny are engaged in another activity or business could not establish that the need for the premises in question was not bona ..... this issue, according to the learned counsel, comes through yet another judgment of the supreme court dealing with kerala buildings (lease and rent) control act, 1965 in sait nagjee purushotam ..... 1862 of 2001 -2- the person in usa was planning to return to india and the person in india, who had taken up employment in a private company, was ready at all times to come back to the property to establish his own business, they did not offer themselves in oral evidence to vouch for what was stated in the affidavit. ..... no.1862 of 2001 -3- learned senior counsel appearing on behalf of the respondents would contend that the evidence of vinot kumar sharma was totally outside the purview of the order of this court allowing for evidence to be given to support the affidavits already given in ..... no.1862 of 2001 -7- the landlord had chosen not to file such an application for amendment setting out his own need, the respondent cannot be expected to join issues on the landlord's needs without any pleadings whether such need is established or ..... no.1862 of 2001 -6- the need of the family as sufficient for his need as ..... no.1862 of 2001 -4- to the judgment of the supreme court in raghunath ..... no.1862 of 2001 -1- in the high court for the states of punjab and haryana at chandigarh .....

S. Pentaiah S/O Bhoomaiah Vs. Mrs. Khatija Bee W/O Late Md. Ibrahim an ...

Court : Andhra Pradesh

Reported in : 2008(6)ALD702; 2008(6)ALT645

..... on the facts of that case it was evident that a notice as contemplated under explanation 1 to section 10(2) of the tamil nadu act extracted hereinabove was issued by the landlord to the tenant on 9.8.1989 stating that the rent has not been paid for the periods specified therein and before expiry of 60 days from the date of notice the tenant was served with eviction proceedings initiated by the landlord. ..... 180/- nagaiah 1-9- petr resp 287/99 287/2001 6814/328 1998 rw1 05to 30- ex.p19-1999 ex.r1to r-27---------------------------------------------------------------------------------3. ..... 120/- parishram 1-3- petr resp 286/99 286/2001 6817/329 1999 rw1 05to 30- ex.p19-1999 ex.r1to r-28---------------------------------------------------------------------------------12-8- rs. ..... 200/- pentaiah 1-12- petr resp 285/99 285/2001 6813/330 1996 rw1 05to 30- ex.p1 9-1999 ex.r1to r-21---------------------------------------------------------------------------------12-8- rs. ..... : 2001(5)ald352 and it will be useful to extract paragraph-4 of the said decision which is as follows,4. ..... venkateswara rao : 2001(6)ald27 . .....

Basheer Vs. Remani Gopalan

Court : Kerala

..... the case of the landlady, as we have already noticed in the eviction petition in paragraph (2) is that at that time, the revenue recovery proceedings has been started against that property by the kerala financial corporation, she therefore wanted to shift the press to another place. ..... 9) with regard to the first proviso to section 11(3) of the act, the learned counsel for the landlady submitted that it has been explained by the landlady in the eviction petition itself that, against the property and the building in kalathilparambil road proceedings for recovery are pending at the instance of the financing bank and the sales tax department, for recovery of loan arrears from the husband of the landlady, whose whereabouts are unknown. ..... the learned counsel therefore submitted that the authorities below have rightly relied upon the principles of the apex court in anthony's case [(2000) 6 scc394, samir mukherjee's case [(2001) 5 scc259 and the decision of this court in paul's case [2004 (1) klt924]. ..... it is not a case where the tenants have disputed the lease deed and wanted to establish that there is a landlord and tenant relationship which has come to stay independent of such a lease deed. .....

Mercury Press Vs. Ameen Shacoor and ors.

Court : Karnataka

Reported in : ILR2002KAR2304; 2003(3)KarLJ505

..... therefore, the revision petition is maintainable.alternatively,7.2 as the old act, under which the eviction proceedings were initiated ending with an order of eviction, has been repealed, and as sub-section (2)(c) of section 70 of the new act provides that 'all 'cases and proceedings' pending in regard to premises to which the new act did not apply shall stand abated as from 31-12-2001', the entire proceedings, that is, not only the pending revision, but the order of eviction under the old act from which such revision petition arises, stands abated and therefore the order of eviction become non ..... in other words, he held that no proceedings - either original proceedings for eviction before the court of first instance or revisional proceedings before this court or district courts initiated under the old act in regard to a premises to which the new act does not apply, and pending as on the date of commencement of the new act (31-12-2001) will not abate, in spite of section 70(2)(c) of the new act and that all such proceedings will have to be proceeded with and decided in accordance with the provisions of the old act itself.11. .....

Babu Ram Vs. Naresh Kumar

Court : Punjab and Haryana

Reported in : (2006)144PLR529

..... the net result of an application/affidavit with grounds of defence and leave to contest not having been filed within the time as has been stipulated in the statute itself as a condition precedent for the competent authority to proceed further to enquire into the merits of the defence, the competent authority is obliged, under the constraining influence of the compulsion statutorily cast upon it, pass orders of eviction in the manner envisaged in clause (a) of sub-section (4) of the section 43 of the act. ..... besides, also the fact that mukri gopalan's case had approved the minority view of the kerala high court in jokkim fernandez's case (supra), whereas the division bench of this court in ashwani kumar gupta's case (supra), have approved the majority view of the said full bench judgment of the kerala high court. ..... on 9.5.2001, the respondent in the said case filed an application under section 24 read with section 42 of the maharashtra rent act before the competent authority (rent act) for eviction of the said appellant on the ground of expiry of leave/licence period and user of the property for purposes not permitted under the licence. ..... however, not on that date but on 10.8.2001 the said appellant filed an application for leave to defend the proceedings. ..... summons to the appellant were served on 19.5.2001 and the appellant entered appearance on 29.5.2001. ..... the competent authority by its order dated 20.9.2001 allowed the application for condonation of delay. .....

Roop Kaur and ors. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 2008(I)ShimLC20

..... roop kaur as notice sent to one is sufficient to determine the tenancy for initiating eviction proceedings; roop kaur had filed vakalatnama, therefore, non issuance of notice to her is a mere irregularity and not an illegality. ..... the fact that the eviction proceedings we're initiated against the minor children would not make any difference as their mother and natural guardian was on record and pursuing the interest of all. ..... the premises were not vacated, therefore, proceedings for eviction under the himachal pradesh public premises and land (eviction and rent recovery) act, 1971 (hereinafter referred to as 'the act), were initiated by filing the petition under the act before the collector, solan. ..... the petitioners have assailed the order dated 22.1.2003 passed by the commissioner (revenue), himachal pradesh, dismissing the petitioners appeal assailing the order dated 26.3.2001 passed by the collector, solan.brief facts giving rise to the filing of the present petition are as under:2. ..... 37/2001 which was also dismissed on 22.1.2003 and is now the subject-matter of present petition.3. ..... 73/13-a of 1998 instituted on 23.3.1998, was decided by the collector in terms of his order dated 26.3.2001. ..... : [2001]3scr627 , bhgbandas agarwalla v. .....

C.Shakunthala and ors. Vs. H.P.Udayakumar and anr.

Court : Supreme Court of India

Reported in : (2012)2SCC294

..... after careful perusal of the averments made in the complaint and the statement of objections and the orders passed by this court in the eviction proceedings and also the order passed in the proceedings and the law laid down by the supreme court in the cases referred to supra, upon which strong reliance is rightly placed by the complainant, we feel that there is prima facie case against the accused to proceed further, frame charge and to try them for criminal contempt for abuse of the process of law.11. ..... channappa initiated eviction proceedings against both the said tenants and kachu krishna achari came to be evicted pursuant to the decree granted by the competent court ..... 285 of 2005.k) the high court by judgment dated 30.06.2005 dismissed the said petition on the ground that eviction order having passed in the year 1996, respondent no.1 who was obstructing the execution of the decree having purchased the property subsequently in the year 2001 interfered with the order of the executing court which is not warranted ..... perusal of the initial order dated 09.06.2006 shows that the division bench considered the contempt petition filed against the accused after obtaining the consent of the learned advocate general in writing under section 15-1(a) of contempt of courts act, 1971. ..... in the view of the matter we do not find any good ground to hold the contempt u/s 2(e) of the contempt of courts act. ..... filed a petition under section 11(2) of the contempt of courts act, 1971 before the high court. .....

ibrahim Vs. Cherupillatt C.J.

Court : Kerala

..... the rent control petition no.15/2009 was filed by the landlord claiming eviction under sections 11(2)(b) and 11(3) of the kerala buildings (lease and rent control) act (for short, the 'act') and ext.p3 is the copy of the petition ..... the ground for eviction in the subsequent proceedings is based upon requirement on the date of the said suit even though it relates to the same property. ..... in a suit for eviction of a tenant under the rent act on the ground of bona fide requirement even though the premises remains the same, the subject matter which is cause of action may be ..... order xli rule 22 cpc, or in any case the principles contained in that rule, are applicable to the proceedings before the appellate authority under the rent control act also". o.p. ..... in ext.p4 order, the rent control court was of the view that order xxiii of the code of civil procedure does not govern rent control proceedings and there are no grounds to permit the petitioner to withdraw from the proceedings. o.p. ..... b.francis jagan [(2001) 6 scc473 has been brought to our notice by the learned counsel for the respondent to contend that there is no necessity for seeking leave since as far as the plea for eviction under section 11(3) of the act is concerned, it is a recurring cause of action.6 ..... 1955/2013 -:6:- sub rule (4) c.p.c in n.r.narayan swamy's case [(2001) 6 scc473 has held in para.10 as follows: "10. ..... [2001 (2) klt77 wherein a division bench of this court has taken the view that enumeration of such powers are not .....

Baldev Singh Bajwa Vs. Monish Saini

Court : Supreme Court of India

Reported in : AIR2006SC59; JT2005(12)SC442; 2006MPLJ1(SC); 2005(8)SCALE338; (2005)12SCC778

..... obtaining such leave, the statement made by the specified landlord or, as the case may be, the widow, widower, child, grand child or the widowed daughter-in-law of such specified landlord or the owner who is a nonresident indian, in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction of the tenant.sub-section (5): the controller may give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the specified landlord or, as the case may be, the widow, widower ..... the ownership of the said premises has been established by the landlord on the basis of the documents produced and even assuring that the landlord was the sole owner of the property in dispute, there is no bar for him to take up the proceedings under section 13(b) of act. ..... definition of 'non-resident indian' (nri) under the act contemplates that any person who is of an indian origin, and who has settled either permanently or temporarily outside india for taking up employment; or for carrying on a business or vocation outside india; or for any other purpose in such circumstances as would indicate to stay outside india for an uncertain period, would be a non-resident indian. ..... 9 of 2001 and shall elaborate and discuss the factual aspects necessary, in regard to the other appeals in the latter part of the judgment. 5. .....