Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Eviction petition - Amendment sought does not change nature of petition or relief that is being sought - There is a delay on part of tenant/petitioner in moving application for amendment but amendment as sought could not be declined..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Compromise between landlady and tenant - However, tenant and proforma nos.2 to 4 did not adhere to financial discipline as agreed by them - Tenant and proforma respondents no.2 to 4 did not adhere to terms and condition of second compromise - Conduct of tenant shows that he is a mischievous..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Eviction petition - Amendment reflect that only substitution sought is introduction of rent agreement showing that property leased to father of tenant by grandfather of husband of tenant - Amendment sought does not change nature of eviction..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Eviction petition - Amendment would reflect only substitution sought is introduction of a rent agreement showing that property had been leased to father of tenant - Amendment sought does not change nature of eviction petition - Landlady is still..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Landlord to decide regarding suitability of premises and he is best judge of his requirement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Fixation of mesne profits - Once ejectment of tenant is directed landlord is not bound by contractual rate of rent effective for period preceding date of decree - Tenant is liable to pay mesne profits or compensation for use and occupation of premises at same rate at which landlord would have..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord's requirement should not be seen through the window of suspicion, unless there is strong evidence against such bonafide need or requirement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent/provisional rent - In case tenant does not deposit rent so determined on or before first hearing of application for ejectment, he is entitled to be evicted on ground of non-payment of rent/provisional rent determined by Rent Controller...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent/provisional rent - Once provisional rent was assessed and not deposited by tenant within time stipulated, a right accrues in favour of landlord to seek eviction and tenant cannot escape or avoid consequences of eviction which is almost automatic...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent/provisional rent - Right to appeal against provisional rent is duly available but payment of provisional rent is almost a prerequisite to safe guard against eviction...........