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. .....
Tag this Judgment!Court : Mumbai Goa
..... the hon'ble supreme court has held that the appellate authority constituted under section 18 of the kerala rent act functions as a court and the period of limitation prescribed therein under section 18 governing appeals by aggrieved parties will be computed keeping in view the provisions of sections 4 to 24 of the limitation act, 1963. ..... prescribed period of limitation for suit, appeal or application under such special or local law and for which provision might not have been made under schedule to the limitation act and only for such courts an express provision has to be made for applying sections 4 to 24 of the limitation act as found in second part of section 29(2) but for which such a machinery may not be available for computing such periods of limitation even though by a legal fiction ..... (2) on such appeal being preferred, the appellate authority may order stay of further proceedings in the matter pending decision on the appeal. ..... (supra), the period prescribed for filing appeal to the appellate authority under the said section 18 of the kerala rent act was 30 days from the date of the order. ..... explanation:- the appellate authority may, while confirming the order of eviction passed by the rent control court, grant an extension of time to the tenant for putting the landlord in possession of the building. .....
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