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...possession since 1362 Fasli. At the time when he came to possession, i.e 1362 Fasli on the death of Tulsi, the limitation for eviction of a trespasser was three years only. This period of three years...below as well as the records.5. The learned counsel for the appellants has urged that the onus lay on the plaintiff-respondent to establish that the suit was within limitation and...because it was a clear finding by the trial court that defendant No. 1 Cheta and thereafter his vendees had been in possession for over twelve years the suit was not within limitation, but the learned...
...proceeding, we direct that the period from the date of filing of the eviction petition till today shall be excluded in computing the period of limitation for filing fresh petition for eviction.
...Heard learned counsel for the parties. Leave granted.
1. It appears that the Rent Controller granted eviction on the ground of bona fide need of the landlord and the said...submitted that sole basis for passing the order of eviction was testimony of the Power of Attorney holder which is not permissible under law. Reliance has been placed in this regard upon decision of this...
...some authorities of this Court which have held that there is no limitation to initiate the proceedings by Gaon Sabha for eviction of persons who are in unauthorised occupation of its land. Still silence of Gaon Sabha ...section 195/198 U.P.Z.A.L.R Act. Accordingly, if a person is in possession for more than 12 years, instead of eviction award of damage is the appropriate relief.... In view of this, even though I agree that valid allotment was not fully proved by the petitioner still due to inordinate delay of 30 years in initiating the proceedings for eviction, award of the...
...Section 42 of the Rajasthan Tenancy Act, 1955, the limitation for eviction has been duly provided. In the present case, the appeal having been filed after 13 years cannot be...in view of the facts of the present case and legal position discussed below.15. The proceedings for eviction of a person in possession on account of transaction in pursuance to violation of Section 42 can be initiate...suit being barred by limitation.”18. It is not disputed that the proceedings were initiated by the State for eviction of the petitioners under Section 175 of the...
.... By his said order the Rent Controller dismissed the petitioner's application under Section 5 of the Limitation Act for condoning the delay in filing the application for leave to contest the eviction...application for leave to defend the eviction petition.5. In dismissing the petitioner's application under Section 5 of the Limitation Act, 1963, the Rent Controller, relying on...petition. Consequently, the application for leave to contest the eviction petition was also dismissed.3. The respondent herein filed an application for eviction of the...
...be later than May 8, 1958 with the result that the six years' period of limitation for a suit for their eviction under Section 209 of the Zamindari Abolition and Land Reforms Act would start to run...recited: “Heard learned Counsel for the respondent for sufficient time. No one appears for the appellants. The appeal is, therefore, dismissed in default.”2. This CMP was...subsequently filed for recalling the order on the ground that the learned Counsel was busy in the Delhi High Court on that date. It was further stated there: “But when after arguing two cases viz. Company...
...of limitation for executing the eviction decree was about to expire, the respondents filed an execution petition against the appellants. The appellants filed objections against the same taking...eviction petition was filed only for the purpose of saving limitation and at least till February 2000, they had no pressing need of the building in question. It certainly looks a little strange that...before the Rent Controller and filed an application for leave to defend in the eviction petition. He also filed an application for recording a compromise. The Rent Controller recorded statement of the...
...eviction was barred by limitation;(2) Sub-letting was permissible under the Decree 43525 under which the lease was created; and(3) Valuable consideration for transfer of...appellants had entered into partnership for the purpose of carrying on business in the suit premises and the application for eviction was filed only in the year 1982, that is to say, beyond a period of one year. In order to...does not provide for any limitation for filing an application for eviction and it is not permissible under the Rules framed under the Act to provide for limitation on the filing of an ...
...trial Court found that the period of limitation for execution of the decree for eviction had expired during life time of the decree holder. It also found that the petitioner-applicant was claiming title.... 3. The predecessor of the petitioner filed a suit for rent and eviction against the respondents. This suit was decreed on 18.02.1991. It is alleged that the decree was never challenged... Anubhav Chandra, Advocate, for the Petitioners; Hausihla Prasad Mishra, Advocate, for the Respondents JUDGMENT Anjani Kumar Mishra, J...
...found that the period of limitation for execution of the decree for eviction had expired during life time of the decree holder. It also found that the petitioner-applicant was claiming title on the basis...revision.3. The predecessor of the petitioner filed a suit for rent and eviction against the respondents. This suit was decreed on 18.02.1991. It is alleged that the decree was never...1. Heard Shri Anubhav Chandra for the petitioners and Shri H.P. Mishra for the respondents.2. The writ petition is directed against the order dated 14.08.2015, whereby an...
...recoverable” and therefore, Section 11(1)(d) has nothing to do with recovery of arrears of rent. On the contrary, Section 11(1)(d) provides a ground for eviction of the tenant in the eviction suit. It is well settled that l...landlord was entitled to decree of eviction in a suit filed on 5-9-1994 on the ground of default in payment of rent for February 1988 and December 1990, even though the same fell beyond the period of three...years prior to the date of the suit.3. In the present matter the suit was filed on 5-9-1994 for eviction of the tenant (petitioner herein) and for recovery of possession on...
.... AIR 1983 SC 1239., has held that proceedings ...under U.P Act No. 13 of 1972, however for eviction on the ground of vacancy limitation of 12 years will have to be read therein in view of the aforesaid authority of Mansa Ram (vide A.K Dixit v.... M. Tripathi . 2006 62 ALR 383.). Incidentally in the instant case also proceedings for eviction of petitioner who is in unauthorized occupation of the...
...Schedule to the Limitation Act, would be the period of limitation. Since no period of limitation is prescribed by the Act or Rules, period of limitation for execution of the order passed under the Act woul...execution, can only be governed by Article 136, but not by Article 137 of the Limitation Act. So the order of the Special Officer holding that the period of limitation for executing an order of ...enforcement of the order of eviction against the revision petitioner in her capacity as the legal representative of her husband. She opposed that petition inter alia on the ground of limitation and on the...
....4. Challenging the decision of the Appellate Authority, learned counsel for the sub-tenant Mr. Sohan argued that the application for eviction under Sec. 11(4)(i) of the Act was barred by limitation....-1986 and no application having been filed within three years of that date, the application for eviction must be held to be barred under Art. 137 of the Limitation Act. The Rent Control...Act does not prescribe any period of limitation for making an application for eviction under that Act. But, it does prescribe a period of limitation for filing an appeal. At the same time...
...contravention of the provisions of section 25, or as the case may be of the old Act the whole or any part of the building, he shall be liable for eviction. The subletting is cause of action for filing the suit against him. ..., 1963, providing for limitation in filing suit against a tenant when a ground for eviction exists...under a Statute. It is contended that the residuary Article 113 should be taken as the limitation for filing the suit which provides that any suit for which no period of limitation is prescribed elsewhere in the Sc...
.... Those were also dismissed on 25-2-1991. Thus, the matter became final on 25-2-91. What survived as on that date was an order for eviction under Sec. 11(2)(b). Consequently, the landlord filed execution petitions on 30-11-91. Tenan.... The contention of limitation is that the order for eviction under Sec. 11(2)(b) became final on 23-6-78 when R.C.A Nos. 6 & 7 of 1977 filed by the etenants were allowed on the grounds under Sec. 11(3...directly apply to execution of the eviction orders. Therefore, reasonable period shall be taken for the purpose of computing limitation as in the case of the revision, where also no time limit is provided...
....2.The plaintiffs in a suit for eviction are the appellants. According to the plaintiffs, the counterclaim has challenged a document long after the expiry of the period permitted under the ...1.The appeal is directed against an order dismissing a petition for rejection of the counterclaim on the ground that the counterclaim was barred by limitation..., 1963 for a challenge to be carried in such regard.3.The appellants contend that the...
...(1)(d) has nothing to do with recovery of arrears of rent. On the contrary, Section 11(1)(d) provides a ground for eviction of the tenant in the eviction suit. It is well settled that law of limitation bars..., paras 80-85)“80. In view of the settled principle, while we hold that the Limitation Act, 1963 is not applicable for initiation of “Corporate Insolvency Resolution...Process”, we further hold that the doctrine of limitation and prescription is necessary to be looked into for determining the question whether the application under Section 7 or Section 9 can be...
...petitioner is aggrieved from the verdict of eviction (Annexure P-5), and, since the period of limitation prescribed for making an appeal thereagainst has expired, therefore, the petitioner apprehends...that the verdict of eviction would be forthwith executed, as the warrants of possession (Annexure P-6) have already been issued.
2. The learned counsel for the petitioner, on...
Present: Mr. Satyam Tandon, Advocate for the petitioner.
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SURESHWAR THAKUR , J. (ORAL)
1. The...
...1. This revision petition comes before us on a reference made by one of us. The petitioner is the tenant who applied for restoration of possession on an eviction order being reversed, in...execution of which, he had been deprived of possession, but, the Revenue Divisional Officer dismissed the application on the ground of limitation.
2. The respondent applied for...possession of a tenant, in execution of an order under Section 3 (4), no question of limitation could for that reason arise. But Raso Monpanar v. Ramamurthy Iyer...