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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Becoming due of 6 years - There is no period specified under Rent Act for ejectment on ground of non payment of rent - In absence of some embargo on the right of landlord to seek arrears in an ejectment petition, the rent due includes the entire rent...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2005
Details

Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i) -- 'Amount due' - Meaning - Includes the arrears of rent uptil the date of the passing of the final eviction order, as also the interest upon such arrears of rent at the rate of 9 percent per annum and the costs of the application as would be assessed by the Rent Controller...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2005
Details

Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i) -- Eviction order u/s 14(2)(i) of the Act - Rent Controller in the concluding para of eviction order must specify the exact amount of rent payable by tenant to landlord alongwith interest and costs - In case tenant has paid rent during pendency of eviction petition then it is the duty of tenant to establish..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment - During pendency of eviction petition necessity of landlord increased - Such subsequent event can be allowed to be pleaded by way of amendment...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(a) -- Sub letting - Proof - Entries in house-tax assessment register By itself cannot determine the jural relationship between the parties - Nothing can be said to be proved on the basis of entries in the house tax assessment register produced by the landlord...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(a) -- Sub letting - Proof - Sub tenant sought electricity connection for the premises describing him to be the proprietor of the firm - It is not evidence of the fact that tenant has parted with exclusive possession of the premises - In absence of evidence that electricity connection was sought by..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Rent and Eviction -- Change of user - Premises let out for residence - Tenant using the premises for tethering cattle and dairy - It is change of user - Eviction upheld. (Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13(2)(ii)(b)...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Rent and Eviction -- Change of user - Long user - Does not amount to written consent. (Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13(2)(ii)(b)...........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Transfer of Property Act, 1882, Section 116 -- Lease - Acceptance of rent after expiry of lease period - Held, mere acceptance of rent for the subsequent months in which the lessee continued to occupy the lease premises cannot be said to be a conduct signifying `assent' to the continuance of the lessee even after expiry of lease period...........

BOMBAY HIGH COURT

Year of decision: 2005
Details

Transfer of Property Act, 1882, Section 107 -- Tenancy - Monthly or yearly - Payment of yearly rent - Does not mean that it is a yearly tenancy as parties can very well agree even in the case of monthly tenancy to pay yearly rent...........

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