Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Non-payment of outstanding rent - Finding of Rent Controller that arrears of rent were paid three years prior to filing of eviction petition - Finding of Rent Controller not assailed - Landlord cannot be permitted to make submissions for payment of default of arrears of rent at this stage...........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(3), 13(4), 13(6), 13(1)(a) -- Eviction - Provision of S.13(3) of the Act is mandatory - Court to fix provisional rent within three months of the filing of written statement but before framing of issues - Court to determine provisional rent irrespective of any application - If rent so determined by..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional rent - Assessment - Plea of tenant that rent payable is much less than what is claimed by landlord - Tenant produced rent receipts in support of his plea - No occasion to doubt correctness of rent receipts...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Suit for eviction - Recovery of rent and damages - Ground of ceasing to occupy demised premises - As per evidence on record electricity bill was last paid in year 2001, then in subsequent years electric and water connections were removed - Premises were unoccupied by tenant till the date of filing of suit..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Evidence Act, 1872, Section 17 -- Rent and eviction - Application of tenant for framing additional issues dismissed - Admission - As per tenant, property let out to him by father-in-law of respondent and after his death he is paying rent to respondent - Once tenant has accepted that respondent is his landlord since..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Denial of written agreement by landlord - Merely because landlord has not accepted written agreement does not change essential relationship between tenant and landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Application of tenant for leading secondary evidence was dismissed - As per tenant, landlord is in possession of some other properties - Such plea is to be proved by way of independent evidence - Merely owning other properties does not mean that eviction application of landlord is to fail as S.13 of the Act deals..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Landlord has not come to Court with clean hands and has on other hand withheld vital information personal to his knowledge, and position of owning many shops in string was ultimately admitted and truth revealed in oral testimony while facing cross-examination, then entire case of landlord..........
Contempt of Courts Act, 1971, Section 12, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Contempt of Court - Disobedience of eviction decree - In the instant case, landlord was handed over possession with police help - However, on death of landlord, tenant again forcibly took possession of premises from the wife of landlord - Hence, there is wilful..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Revision - Maintainability - Order of eviction on ground of default in payment of rent - As per lease entered between landlord and tenant rent payable for first year was Rs.25000/- and then Rs.28000/- to be paid for remaining period of lease - However, Rent Controller while dealing with suit for eviction..........
