#Eviction protection

[seemabhatnagar]

"Allahabad High Court Allows Tenant’s Petition, Affirms Civil Court’s Jurisdiction in Eviction Matters Not Covered by Rent Act"

The provisions of the Tenancy Act of 2021 do not bar civil courts from entertaining suits filed by tenants seeking protection from eviction not conducted by the law.

Harmeet Singh v. Desh Deepak Gupta

W P 5133/2023

Before the High Court of Lucknow

Heard by Hon'ble Mr. Justice Subhash Vidyarthi J

Background

The petitioner, Harmeet Singh, had filed a suit for a perpetual injunction against the respondent-landlord, Desh Deepak Gupta.

The petitioner sought to restrain the landlord from evicting him from the property in his tenancy without following due process of law.

The Civil Judge (Junior Division), Raebareli, dismissed the suit at the admission stage, relying on Section 38(1) of the U.P. Regulation of Urban Premises Tenancy Act, 2021, which bars civil courts from entertaining suits related to matters covered by the Act.

The petitioner then filed a revision, which was also dismissed by the Additional District Judge, affirming the Civil Judge's order.

Legal Issue

Whether the provisions of the U.P. Regulation of Urban Premises Tenancy Act, 2021, barred the civil courts from entertaining a suit for perpetual injunction filed by a tenant against the landlord, seeking protection from eviction not conducted in accordance with the law.

Argument of the parties

Petitioner's Argument

The Tenancy Act of 2021 provides remedies for landlords to seek eviction and recover arrears of rent, it does not include provisions for tenants to file suits for perpetual injunction against eviction. Therefore, the jurisdiction of civil courts to hear such suits was not barred.

Respondent's Argument

There was no cause of action for the petitioner, as the landlord was not attempting to evict the tenant unlawfully.

However, he did not dispute the legal submission that the Tenancy Act does not empower the Rent Authority or Tribunal to entertain a suit for perpetual injunction by a tenant.

Court's Observation

The U.P. Regulation of Urban Premises Tenancy Act, 2021, primarily regulates the relationship between landlords and tenants, conferring specific jurisdiction to Rent Authorities and Tribunals to handle eviction proceedings initiated by landlords.

However, it does not provide any provision under which a tenant can file for perpetual injunction against apprehended eviction. Therefore, the jurisdiction of civil courts to hear such suits remains intact.

The Civil Judge failed to exercise jurisdiction vested in it by law, which rendered the lower court orders unsustainable.

Court's Order

The High Court allowed the petition, setting aside both the order of the Civil Judge, Raebareli and the order of the First Additional District Judge, Raebareli. The case was remanded back to the Civil Judge to pass fresh orders on the admission of the suit.

Seema Bhatnagar

[alwaysbewoke]

[bklynmusicnerd]

Me, a T'Kor mourner, watching the events of this week play out:

[denialcity]

i love calling tbrm ugly from uchiha pov/ standards and then making an uchiha fall madly in love with him anw. he becomes beautiful to them because of love. they didn't fall in love with his appearance they fell in love with him and then because of that they now love his face because it's his. they're gonna fight anyone who calls him ugly now even tho they did it first. and then they try to awkwardly reassure him like who cares what those assholes think youre not with them anw and tbrm is like literally im fine dw about it bc his self-worth and identity is completely divorced from his appearance and uchiha is still like. yknow what i think imma burn their house down for good measure brb and tbrm has to hold them back (read: hug) until they calm down.

[gabs-magical-abs]

Love living in constant fear that we'll get kicked out of our rental at the whim of a landlord. This is a very reasonable and not at all stressful and fucked way for 30% of the population to live.

[boof-chamber]

pineapple says if ya got a few bones and you’ll be ok without ‘em, she’d be ever so glad if you’d kick ‘em over to our friend, Dolly.

CA: babymamashark

VMO: f0rbidden_pets

(the 0 in f0rbidden is a zero)

they are a disabled parent, recently displaced from their home. they and their kid have day to day requirements like food and medication, while also needing to come up with enough to move into safe & stable housing

they also have educational requirements that they need fulfilled before the carceral child “protection” system involves itself

[doubleaabat]

what is up my man, are you okay with people getting introjects [Dissociation identity disorder ] from your characters like peace dude? feel free to ignore this no worries mann B-)

Good question ! Introjects (from my understanding) are things you cant contol that just happen, which I totally understand ! I don’t have an issue with that at all

[okthatsgreat]

moms will find the most random hills and go “is anybody gonna die on this?” and then not wait for an answer

[mosscaller]

Make no mistake -- it's not IF they will come for them next, but WHEN.

[im-smart-i-swear]

Does Jiro has ghost like abilities (possession, ability to levitate things, etc etc) or does she just live in Shiro's head?

when i created this au, i thought the best option would be for her to be unable to interact with the physical world in any way(including possesion), beacuse i really wanted to lean into her isolation and how it affects her....... and while thats something i still want to emphasise here, lately ive been toying with the idea of jiro being able to impact the physical world somehow(though it still being fairly limited). i think letting her have some control could have a lot of potential! buuuut i also have no idea what abilities i want her to have lol

For now i think im not gonna give her any telekinetic abilities, bc i feel like it would be giving her too much power......... if she could throw shit, shed go APESHIT with it. it would made things too easy for her. i'm sorry babygirl but i'm NOT giving you the possibilty to throw knives and other sharp objects, i dont trust you to not kill someone:/

i really like the idea of her being able to temporarily posses her old body in certain circumstances tho- maybe when shiros uncouncious?? or like when hes is very tired or heavily injured she can kind of 'squeeze through' and take control back for a few minutes???? idk. i think this could be a very cool ability to give her- it cant be frequently used but can also be very helpful, and also theres so much potential for ✨shenanigans✨here>:) oh god i could put these fuckers in so many Situations with this..........

uhhh. so basically i think all of her influence on the physical world are through shiro. shes here bc of her connection to her old body, and thus its the only way for her to interact with anyone besides him- and shes NOT HAPPY about this(neither is shiro).

[the-acid-pear]

I have yet to keep inspecting the sweepstakes, I need some air and food first, but I might as well share what I've been thinking about Mike today, because I heard of an interpretation saying Mike was a camera man for Spamton which ... Is very interesting. Like for me this makes me think of Mike as someone who admired Spamton, someone way smaller than him, definitely younger imo, who simply excitedly followed along with the orders given. I mean, up to a certain point. I mean this feeling is reinforced in the q&a when asked about Mike, that makes Spamton get very defensive, almost protective. In my eyes it almost creates this almost platonic familiar bond dynamic whatever. But like this is just a shot in the dark, bc what we know is, 3 lines, period. But if when chapter 3, 4 and 5 come out and Mike is there and I'm right about these things then I'm gonna feel like a god tbh.

[trendynewsnow]

Swiss Voters Reject Major Proposals in Recent Referendum

In a significant display of public sentiment, Swiss citizens headed to the polls on Sunday, delivering decisive verdicts on several key proposals that will shape the nation’s future. Among the measures, voters overwhelmingly rejected plans for expanding the motorway network, while also turning down initiatives aimed at easing eviction processes and tightening subletting regulations. However, they…

[sapphia]

USA please listen to me: the price of “teaching them a lesson” is too high. take it from New Zealand, who voted our Labour government out in the last election because they weren’t doing exactly what we wanted and got facism instead.

Trans rights are being attacked, public transport has been defunded, tax cuts issued for the wealthy, they've mass-defunded public services, cut and attacked the disability funding model, cut benefits, diverted transport funding to roads, cut all recent public transport subsidies, cancelled massive important infrastructure projects like damns and ferries (we are three ISLANDS), fast tracked mining, oil, and other massive environmentally detrimental projects and gave the power the to approve these projects singularly to three ministers who have been wined and dined by lobbyists of the companies that have put the bids in to approve them while one of the main minister infers he will not prioritise the protection of endangered species like the archeys frog over mining projects that do massive environmental harm. They have attacked indigenous rights in an attempt to negate the Treaty of Waitangi by “redefining it”; as a backup, they are also trying to remove all mentions of the treaty from legislation starting with our Child Protection laws no longer requiring social workers to consider the importance of Maori children’s culture when placing those children; when the Waitangi Tribunal who oversees indigenous matters sought to enquire about this, the Minister for Children blocked their enquiry in a breach of comity that was condemned in a ruling — too late to do anything — by our Supreme Court. They have repealed labour protections around pay and 90 day trials, reversed our smoking ban, cancelled our EV subsidy, cancelled our water infrastructure scheme that would have given Maori iwi a say in water asset management, cancelled our biggest city’s fuel tax, made our treasury and inland revenue departments less accountable, dispensed of our Productivity Commission, begun work on charter schools and military boot camps in an obvious push towards privatisation, cancelled grants for first home buyers, reduced access to emergency housing, allowed no cause evictions, cancelled our Maori health system that would have given Maori control over their own public medical care and funding, cut funding of services like budgeting advice and food banks, cancelled the consumer advocacy council, cancelled our medicine regulations, repealed free prescriptions, deferred multiple hospital builds, failed to deliver on pre-election medical promises, reversed a gun ban created in response to the mosque shootings, brought back three strikes = life sentence policy, increased minimum wage by half the recommended amount, cancelled fair pay for disabled workers, reduced wheelchair services, reversed our oil and gas exploration ban, cancelled our climate emergency fund, cut science research funding including climate research, removed limits on killing sea lions, cut funding for the climate change commission, weakened our methane targets, cancelled Significant National Areas protections, have begun reversing our ban on live exports. Much of this was passed under urgency.

It’s been six months.

[lawofficeofryansshipp]

Understanding Florida Statute 723.002: A Guide for Mobile Home Park Owners

Understanding Florida Statute 723.002 As a Florida mobile home park owner or property manager of a mobile home park, you’re likely familiar with the complexities of managing tenancies. One of the most important laws you need to understand is Florida Statute 723.002, which governs the application of Chapter 723, Florida’s law on Mobile Home Lot Tenancies. This statute outlines when Chapter 723…

[hellyeahsickaf]

I found an extremely dope disability survival guide for those who are homebound, bedbound, in need of disability accommodations, or would otherwise like resources for how to manage your life as a disabled person. (Link is safe)

It has some great articles and resources and while written by people with ME/CFS, it keeps all disabilities in mind. A lot of it is specific to the USA but even if you're from somewhere else, there are many guides that can still help you. Some really good ones are:

How to live a great disabled life- A guide full of resources to make your life easier and probably the best place to start (including links to some of the below resources). Everything from applying for good quality affordable housing to getting free transportation, affordable medication, how to get enough food stamps, how to get a free phone that doesn't suck, how to find housemates and caregivers, how to be homebound, support groups and Facebook pages (including for specific illnesses), how to help with social change from home, and so many more.

Turning a "no" into a "yes"- A guide on what to say when denied for disability aid/accommodations of many types, particularly over the phone. "Never take no for an answer over the phone. If you have not been turned down in writing, you have not been turned down. Period."

How to be poor in America- A very expansive and helpful guide including things from a directory to find your nearest food bank to resources for getting free home modifications, how to get cheap or free eye and dental care, extremely cheap internet, and financial assistance with vet bills

How to be homebound- This is pretty helpful even if you're not homebound. It includes guides on how to save spoons, getting free and low cost transportation, disability resources in your area, home meals, how to have fun/keep busy while in bed, and a severe bedbound activity master list which includes a link to an audio version of the list on Soundcloud

Master List of Disability Accommodation Letters For Housing- Guides on how to request accommodations and housing as well as your rights, laws, and prewritten sample letters to help you get whatever you need. Includes information on how to request additional bedrooms, stop evictions, request meetings via phone, mail, and email if you can't in person, what you can do if a request is denied, and many other helpful guides

Special Laws to Help Domestic Violence Survivors (Vouchers & Low Income Housing)- Protections, laws, and housing rights for survivors of DV (any gender), and how to get support and protection under the VAWA laws to help you and/or loved ones receive housing and assistance

Dealing With Debt & Disability- Information to assist with debt including student loans, medical debt, how to deal with debt collectors as well as an article with a step by step guide that helped the author cut her overwhelming medical bills by 80%!

There are so many more articles, guides, and tools here that have helped a lot of people. And there are a lot of rights, resources, and protections that people don't know they have and guides that can help you manage your life as a disabled person regardless of income, energy levels, and other factors.

Please boost!