Judgment Search Results Home > Cases Phrase: the kerala stay of eviction proceedings bill 2004 Page 1 of about 2,001 results (0.216 seconds)

National Textile Corporation Ltd. Vs. Ettappan and Sons, Regd. Partner ...

Court : Chennai Madurai

..... if that be so, i am of the considered opinion that both the authorities below have erred in dismissing the application filed by the petitioner-landlord to evict the respondent-tenant merely on the ground that the petitioner-landlord is owning three other non-residential premises, while the fact remains that he is not in occupation of all the premises except the one where he is running an electrical shop, and without appreciating the relative hardship to which the petitioner-landlord is subjected to by the refusal of eviction of the respondent-tenant, in spite of the fact that the petitioner-landlord had already obtained ..... chelur corporation [2010 (3) mlj 174 (sc)], under kerala buildings (lease and rent control) act 1965, when the rent control authority took note of a subsequent event, the hon'ble apex court has held as under: "while it is true that the right to relief must be judged by reference to the date suit or the legal proceedings were instituted, it is equally true that if subsequent to the filing of the suit, certain developments take place that have a bearing on the right to relief claimed by a party, such subsequent events ..... m.r.manickam [2004 (1) l.w.178] the requirements for eviction under section 10(3)(a)(iii) of the act are as follows: 1. .....

Balaji Enterprises Vs. Delhi Development Authority

Court : Delhi

..... the contention of the counsel for the appellant was that vide notification dated february, 2007, the street on which the premises in question is situated was declared as a commercial street with commercial activities being permissible in the properties situated thereon; that the exlessee of the land underneath the property and / or his successors in interest are misusing the provisions of the pp act to evict from the property old tenants in the property who are protected from eviction under the rent act, with the intent to after the said tenants had been evicted, ..... apply for restoration of the lease on payment of ..... the appellant being the tenant in one of the shops in the said property, under the lessee of the land underneath the property, also contested the said proceedings ..... the learned district judge dismissed the appeal preferred by the appellant, further relying on judgment dated 21.02.2006 of a division bench of this court in lpa no.976/2004 titled delhi development authority .....

Michael Anthony William Gareth and Another Vs. Mrs. Maria Do Rosario D ...

Court : Mumbai Goa

..... in the appeal preferred before the tribunal, whilst disposing off the eviction appeal no.3 of 2006, by judgment dated 15.11.2010, the learned tribunal upon re-appreciating the material on record, has come to the conclusion that eviction proceedings initiated by the respondent no.1 was under section 23 of the said rent control act, 1969 on the ground of bonafide requirement for personal occupation. ..... it was further their case that it was not real or natural and honest claim put forward in the eviction proceedings and that the respondent no.1 had failed to substantiate her pleadings that her need was genuine. ..... the learned senior counsel thereafter pointed out that during the pendency of the above eviction proceedings, there is an amendment which has been brought to the said rent control act 1969 to the effect that the widows are entitled to seek possession of the premises for their bonafide occupation in a summary manner. ..... 1 filed an eviction proceedings before the rent controller seeking eviction of the petitioners from the disputed house bearing municipal no.73, admeasuring 87 square metres surveyed under chalta no. ..... it is further the case of the respondent no.1 that she and her son were living in the adjoining house which belonged to her sister where she had to stay to help her mother who was sick and blind and bed ridden from the year 1990 and who expired in june, 1997. ..... visan kumar shiv charan lal, (2004) 8 scc 490 in the case of prataprai tanwani and anr. vs. .....

Smt. Sarabjit Wd/O Sh. Mukesh Kumar Vs. Sh. Piara Lal and anr.

Court : Punjab and Haryana

Reported in : AIR2005P& H237

..... :provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section--(a) if he has ceased ..... minor-- the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are--(a) in the case of a boy or unmarried girl-- the father, and after him, the mother; provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother:(b) in the case of an illegitimate boy or an illegitimate unmarried girl -- the mother, and after her, the father;(c) in the case of a married girl -- the husband ..... balbir singh, learned counsel for the respondent-grand parents has argued that under section 9 of the 1890 act, there is a specific bar created for initiation of proceedings for custody of a minor and such proceedings can be initiated in the district court having jurisdiction in the place where the minor ordinarily resides. ..... the impugned order dated 17-1-2004 is set aside. .....

Satish Kumar Malhotra and Others Vs. State of Haryana and Another

Court : Punjab and Haryana

..... malhotra and after returning from pehowa all the accused persons stayed at karnal at the house of the parents of the complainant and they stated that they have given the flat and cash in fdr to her daughter accused no.4 and also raised the demand from the parents of the complainant to give a flat in the shape of dowry but the father of the complainant shown his inability to give flat in a dowry to the accused persons and thereafter the accused persons again started harassing the complainant by taunting, nagging etc. ..... at ranchi and of the fact that because of their action, she was taken to her parental home at gaya by her husband with a threat of dire consequences for not fulfilling their demand of dowry, we hold that in view of sections 178 and 179 of the code, the offence in this case was a continuing one having been committed in more local areas and one of the local areas being gaya, the learned magistrate at gaya has jurisdiction to proceed with the criminal case ..... this is a report in the suit filed by father-in-law of the complainant for her eviction from the basement portion of the house in greater kailash. ..... 2004 (3) r.c.r. .....

The Muslim Welfare Committee Takia and Others Vs. Punjab Waqf Board an ...

Court : Punjab and Haryana

..... in the aforesaid decision it was held that eviction proceedings can only be decided by the civil court and not by the wakf tribunal. 24. ..... in the cases at hand, the act does not provide for any proceedings before the tribunal for determination of a dispute concerning the eviction of a tenant in occupation of a wakf property or the rights and obligations of the lessor and the lessees of such property. ..... the suit was contested by the respondents on merits and the waqf tribunal decreed the suit on 28.09.2004 granting a decree for a perpetual injunction restraining the jitender kumar 2015.01.19 10:12 i attest to the accuracy and authenticity of this document chandigarh defendant-respondents and their men from interfering in any manner in the administration, management and peaceful possession and enjoyment of the mosque, namely; akkode jumayath palli, the madrassa run by it and all the assets attached to the mosque. ..... the respondents filed civil revision before kerala high court which set aside the judgment of the tribunal holding that suit for injunction is not maintainable before the waqf tribunal by relying upon ramesh gobindram's case (supra). ..... (2) notwithstanding anything contained in sub-section (1), no proceeding under this act in respect of any waqf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit. .....

Santosh Kumar Agrawal Vs. Viith A.D.J. and anr.

Court : Allahabad

Reported in : 2006(1)AWC131

..... varadappa naidu 2004 all cj 632 and in para 9 of the reports, where it has been held by the hon'ble supreme court that 'settled possession' could not be disturbed without recourse to following the procedure established by law in cases of eviction. ..... shakuntala rani : air2005sc3753 , in which the hon'ble supreme court has held that in rent proceedings where the statute provides for procedures to be followed in certain manner then it has to be done in that manner alone.12. ..... as such the appellate court quashed the order of the trial court vide its order dated 29.11.1997 which is under challenge in the present proceedings.5. ..... the learned appellate court has, in fact, endorsed this argument in favour of the landlord that during the course of proceedings, the plaintiff-petitioner could not show any order of allotment in his favour or any rent receipt's etc. ..... he has stayed in premises in dispute for last twenty years thereby though only being caretaker of the premises in dispute and has dragged the old lady to the court and had successfully thwarted her attempt to get the property back, even though it cannot be said that the petitioner who is a government servant does not have means to find other suitable residential accommodation.14. .....

Manzoor Vs. Prasannan Pillai

Court : Kerala

..... 3.when the plaintiff filed an application for eviction under the provisions of the kerala building (lease and rent control) act, 1965, the defendant/tenant pleaded that there is a bona fide dispute as to the title. ..... exts.a1 to a8 produced before the court below supported by the oral evidence of pw1 and pw2, led to the impugned decree holding that the plaintiff has title and is entitled to evict the defendant with arrears of rent ..... the rent control proceedings were, accordingly, closed paving way to the suit from which this appeal arises ..... in the high court of kerala at ernakulam present: the honourable mr.justice thottathil b.radhakrishnan & the honourable ..... the mere fact that the defendant/appellant before us is a party to the suit between the plaintiff and his vendor, is not a ground to detain the course of this suit and the decree passed ..... 6.the learned counsel for the appellant argued that the questions raised for decision in this appeal are intricately connected with the questions pending consideration in the suit between the plaintiff and his ..... thottathil b.radhakrishnan, j.1.defendant in a suit for declaration of title, eviction and recovery of arrears of rent, is the appellant. ..... .p.u.shailajan this regular first appeal having come up for admission on 02-09-2013, the court on the same day delivered the following: thottathil b.radhakrishnan & babu mathew p.joseph, jj..................................................................... ..... that is a registered sale deed dated 02.04.2004. .....

Sarojini Radhamma Vs. Bhaskaran Pillai

Court : Kerala

Reported in : 2004(3)KLT815

..... on going through the entire facts and available evidence of this case it is proved that the first respondent already obtained an order for eviction in his favour from the rent control court as well as from the honourable high court of kerala. ..... 1666/02 on a request made by the counsel for the tenant time was granted by this court upto 30.6.2004 for vacating the premises and directed the tenant to file an undertaking within a period of one month from the date of the said order before the rent control court. ..... therefore the plaintiff who is the daughter-in-law of the second defendant, filed this suit as well as the petitioner collusively with the second respondent only for delaying the execution proceedings in rcop.70/97. ..... 'considering the facts and circumstances of the case we are inclined to grant time to the tenant upto 30.6.2004 for vacating the tenanted premises provide the files an undertaking before the rent control court within one month stating that he would vacate the premises within the aforesaid time and that he would pay the arrears of rent if any and also future rent.''r.c.o.p. ..... 1666/02 preferred by the landlady and granted time to the tenant upto 30.6.2004 for vacating the premises on condition that he should file an undertaking before the rent control court within one month stating that he would vacate the premises within the aforesaid time, and that he would pay the arrears of rent if any and also future rent. .....

Abdul Khader Vs. Ali

Court : Kerala

Reported in : 2003(1)KLT546

..... eviction was sought for against the counter petitioners under sections 11 (2)(b) and 11 (4)(i) of the kerala buildings (lease and rent control) act (in short 'the ..... an application under this clause shall not be made for the first time in respect of one and the same tenancy unless the landlord has sent a registered notice to the tenant intimating the contravention of the said condition of the lease and the tenant has failed to terminate the transfer or the sublease, as the case may be, within thirty days of the receipt of thenotice or the refusal thereof. ..... (4) a landlord may apply to the rent control court for an order directing the tenant to put the landlord in possession of the building -(i) if the tenant after the commencement of this act, without the consent of the landlord, transfers his right under the lease or sublets the entire building or any portion thereof if the lease does not confer on him any right ..... divakaran nair, counsel appearing for the landlord, on the other hand submitted that appellate authority was justified in taking the view that the ground of sublease has been established and consequently eviction ordered under section 11(4)(i) has to ..... was stated that the landlord is staying very close to the petition schedule building has been a regular visitor to the shop building. ..... stated that the second counter petitioner had paid off the rent in full personally to the landlord who is staying very close to the tenanted premises. ..... is staying adjacent to the petition schedule .....