AI Overview...
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Partial Eviction Not Maintainable - Under the West Bengal Premises Tenancy Act, 1956, a suit for eviction of only a part of the property is generally not maintainable. The lessor cannot evict the tenant from a part of the property unless specific provisions apply, and a transferee of part of the property does not acquire the right to evict the tenant from that part AMAR PRASAD GOOPTA VS ARUN KUMAR SHAW - Calcutta.
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Maintainability of Eviction by Co-Owners - Co-owners can file for eviction under the Rent Control Act and general law, even if the property is under partition, provided they have not objected. Proper notice (usually one month) must be served for eviction to be valid, regardless of the lease terms Narendra Kumar VS Dinanath - Madhya Pradesh.
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Notice Requirement Under Sec. 106 T.P. Act - Eviction claims are not maintainable without a proper notice under Section 106 of the Transfer of Property Act. The absence of such notice renders eviction suits invalid Prabhu Halwai VS Fulchand Khandelwal - Patna.
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Property Not Part of Decree Schedule - If the property over which eviction is sought is not part of the decree schedule or the property claimed by the defendant, the suit may be challenged as not maintainable. Proper identification and inclusion of the property are essential SREEBALA VS EDWIN PEREIRA - Kerala.
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Eviction on Grounds of Rent Default and Misuse - Eviction based on rent default or misuse can be contested. The validity of eviction on grounds like rent default depends on the relationship of landlord and tenant and whether proper procedures, including notice, are followed Pravin Kaanth VS S. Balasubramanian - Madras.
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Genuine Need and Section 13B of Rent Restriction Act - The landlord's claim for eviction under Section 13B must establish genuine need. If the landlord's need is disputed or not genuine, the eviction may be deemed not maintainable Narayan Dass VS Teja Singh - Punjab and Haryana.
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Part of Property or Entire Premises - Eviction petitions covering only part of the premises are often challenged as not maintainable unless specific legal provisions permit eviction of part of the property. The entire premises generally need to be covered for eviction to be valid NARAIN DEVI VS VINOD KUMAR - Delhi.
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Eviction of Portion of Leasehold Property - Suit for eviction of only a part of leasehold property is generally not maintainable unless explicitly permitted by law, emphasizing the importance of clear legal grounds for partial eviction Devasy George VS Lekshmi Amma Narayani Amma - Kerala.
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Time Limitations and Bona Fide Requirement - Eviction petitions filed before the expiry of the statutory period or without bona fide requirement are often held not maintainable. Proper procedural timelines and genuine necessity are crucial for eviction suits JADISH CHANDER GULATI VS RAM CHAND LAKRAM - Delhi.
Analysis and Conclusion:
Overall, eviction from a part of the property is typically not maintainable unless specific legal provisions explicitly allow it. Proper legal procedures, including serving notices under relevant laws (e.g., Sec. 106 T.P. Act, Rent Control Act), are essential. The courts tend to favor the integrity of the entire property in eviction proceedings, and partial eviction claims are often dismissed for lack of maintainability. Proper identification of the property and adherence to procedural requirements are critical for a successful eviction suit.
Search Results for "Eviction from a Part of Property Not Maintainable"
1979 0 Supreme(Cal) 277 • India - Calcutta
M.M.DUTT, R.K.SHARMA
A suit for partial eviction is not maintainable under the West Bengal Premises Tenancy Act, 1956. 3. ... However, the lessor does not have the right to evict the lessee from a part of the property. ... Therefore, the transferee of a part of the property does not acquire the right to evict the lessee from that part. 2. ... Moreover, except as provided in section 13 (4) of the West Bengal Premises Tenancy Act, 1956, ....
1991 0 Supreme(MP) 272 • India - Madhya Pradesh
V.S.KOKJE
property till partition takes place -- other co- owners not objecting -- suit for eviction by one co-owner is maintainable. ... (1) Co-owner -- can maintain eviction suit in Rent Control Act and even under general law -- he is owner of every part of the composite ... terminated according to term of lease deed by serving one months notice -- it is due compliance of provision -- immaterial whether or not ... It is, therefore, held that the notice of termination of tenan....
1967 0 Supreme(Pat) 80 • India - Patna
SHAMBHU PRASAD SINGH, RAMRATNA SINGH
The claim for eviction is not maintainable in absence of a notice under Sec.106 of the Transfer of Property Act. ... Whether the claim for eviction is maintainable in absence of a notice under Sec.106 of the Transfer of Property Act? 2. ... of the suit for eviction, as the same was not decided by him. 2. ... , his Lordship would have been competent to decide whether the claim for eviction was maintainable or not. .....
2015 0 Supreme(Ker) 909 • India - Kerala
A.HARIPRASAD
The judgment debtors filed a counter affidavit contending that the petition is not maintainable, claiming that the property over ... claiming that the property over which they set up right, title, and interest was not part of the decree schedule property. ... which they set up right, title, and interest was not part of the decree schedule property. ... The appellants (judgment debtors) filed a counter affidavit con....
2012 0 Supreme(Mad) 227 • India - Madras
R.S.RAMANATHAN
Issues: Eviction on grounds of rent default and misuse of property, validity of oral agreement of sale, and part performance ... Eviction - Rental Agreement - Relationship of Landlords and Tenant - Part Performance of Agreement of Sale Fact of the Case ... : The landlords filed for eviction of the tenant due to willful default in rent payment. ... under the Rent Control Act is not maintainable and the tenant is in possession of the proper....
2010 0 Supreme(P&H) 2094 • India - Punjab and Haryana
ALOK SINGH
The tenant challenged the eviction, arguing that the landlord's need was not genuine. ... Rent Restriction Act - Eviction - Section 13B - [NRI Landlord and Eviction] - [Section 13B of the East Punjab Urban Rent Restriction ... Issues: The main issue was whether the landlord's need for eviction under Section 13B of the Act was genuine and whether the ... Tenant/petitioner sought leave to defend on the ground that landlord has also filed similar application against one Devinder Singh who is also occupyin....
1998 0 Supreme(Mad) 1182 • India - Madras
S.S.SUBRAMANI
held not maintainable. ... of rent and denial of title of land lord decreed-Petition by other respondent claiming her mother part owner of the property-Petition ... Tamil Nadu Buildings (Lease and Rent Control) Act, 1960-Section 10(2) (i)-Eviction petition on the ground of wilful default in payment ... An objection was raised before the lower court that the claim petition itself is not maintainable so long as Krishnaveni Ammal is alive. ... She is a part#HL_....
1979 0 Supreme(Del) 169 • India - Delhi
M.L.JAIN
The court further held that the application for eviction was not maintainable as it did not cover the entire premises of the tenancy ... Whether the application for eviction was maintainable? Ratio Decidendi: 1. ... Property Act (TPA) was not proved and that the application related only to a part of the premises. ... The present revision has been filed against the order dismissing the application for eviction and it is therefore #HL....
1956 0 Supreme(Ker) 41 • India - Kerala
JOSEPH VITHAYATHIL
Defendants contested the suit, arguing that eviction of a portion of the lease-hold property was not maintainable. ... Issues: The main issue was whether a suit for eviction of a portion of the lease-hold property was maintainable in law. ... Eviction - Lease-hold Property - Legal provisions regarding eviction of a portion of the lease-hold property and the entitlement ... One of their contention....
1991 0 Supreme(Del) 599 • India - Delhi
S.C.JAIN
petition in 1987 — before expiry of five years from date of acquisition of property — Eviction Petition held not maintainable by ... 25B — Section 14(6) — Bona fide requirement — Decree of specific performance passed on 29-9-1983 — Sale deed executed in 1986 — Eviction ... controller — Revision Petition — works used "has acquired" any premises by transfer — Petitioner acquired premises on 13-1-1987 in part ... the Delhi Rent Control Act tho eviction petition was held ....
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