Eviction - Law Dictionary Search Results
Home Dictionary Name: evictioneviction
eviction : the dispossession of a tenant of leased property by force or esp. by legal process actual eviction : eviction that involves the physical expulsion of a tenant constructive eviction : eviction effected by substantially interfering with a tenant's enjoyment of the property (as by allowing the property to become uninhabitable) so that the tenant is regarded as evicted under law re·tal·ia·to·ry eviction : wrongful eviction of a tenant in reaction to the tenant's exercising of a right (as of reporting health code violations) contrary to the landlord's interest ...
Vacation, eviction
Vacation, eviction, eviction requires vacation of the land and vacation does not mean that anything done upon the land which was unauthorised is to be allowed to remain and only the person responsible for doing the unlawful act is to be removed from the land. The words 'eviction' and 'vacation' do not mean mere physical removal of the occupant is clear from the very nature of the right which the respondent in the present case had. His right was confined to the use and occupation of the land for the purpose for which he held it from Government, i.e., for agricultural purposes and when he is evicted and is asked to vacate the land, it must mean that his rights come to an end. For the purpose of vacation it is necessary that any unauthorised construction put up must also be removed otherwise there cannot be any vacation of the land nor can the land be put to effective use for the purpose for which agricultural lands are normally accepted to be used, State of Bombay v. Fakir Umar Dhanse, A...
actual eviction
actual eviction see eviction ...
constructive eviction
constructive eviction see eviction ...
retaliatory eviction
retaliatory eviction see eviction ...
Eviction
The act or process of evicting or state of being evicted the recovery of lands tenements etc from anothers possession by due course of law dispossession by paramount title or claim of such title ejectment ouster...
evict
evict [Medieval Latin evictus, past participle of evincere to recover (property) by legal process, from Latin, to vanquish, regain possession of] : to put (a tenant) out of property by force, by virtue of a paramount title, or esp. by legal process ...
Eviction
Eviction [fr. evinco, Lat., to overcome], dispossession; also a recovery of land, etc., by form of law. See EJECTMENT.The act or process of legally dispossessing a person of law or rental property, Black's Law Dictionary, 7th Edn., p. 575....
Tenant
Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...
Statutory tenant
Statutory tenant, a person remaining in occupation of premises let to him after the determination of or expiry of the period of the tenancy is commonly, though in law not accurately, called a statutory tenant. Statutory tenant being a person who enjoys the status of irremovability, would enjoy the protection of the statute until he is evicted from the premises under the enabling provisions of the statute. A statutory tenancy would, therefore, come to an end on either the surrender of premises by such a tenant or if a decree of eviction, Biswabani Pvt. Ltd. v. Santosh Kumar Dutta, AIR 1980 SC 226: (1980) 1 SCR 650: (1980) 1 SCC 185.Statutory tenant, a tenant continuing in possession of a rented land or building after its termination of tenancy is 'statutory tenant', AIR 1989 P&H 9(10). [Haryana Urban Control of Rent and Eviction) Act, 1973, s. 4(2)(b)]Statutory tenant, can be described more conveniently as a tenant whose contractual tenancy has been terminated, Ratanlal v. Raniram, 1986...
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