Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - Interest on arrears of rent - First appellate Court invoked provisions of O.41.R.33 of CPC and awarded 6% interest on arrears of rent without citing any reasons - Held, such exercise of power by first appellate Court unjustified...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Proviso - Provisional rent - All the Rent Controllers in the States of Punjab, Haryana & U.T. Chandigarh are responsible to assess the exact amount of arrears of rent, exact amount of interest accrued thereon, cost of the petition and the exact total amount which is liable to be paid by the tenant as the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Proviso - Provisional rent - Rent Controller to assess accurate amount payable by tenant - In case Rent Controller fails to assess accurate amount payable and tenant does not tender the accurate amount then tenant cannot be held liable on the principle that 'Act of Court should do no harm to the litigant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Personal necessity - It is not necessary that NRI landlord should first come to India with intention to settle permanently before filing the petition u/s 13-B of the Act...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Section 144 -- Restitution - Ex parte eviction order - Civil Court as the Executing Court delivered possession in execution of ex parte eviction order - Application U.O.9.R.13 CPC at the instance of tenant allowed and ex parte eviction order set aside - Restitution application..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order set aside - Whether relationship of landlord and tenant came to an end once an order of ex parte eviction order was passed and whether tenant is liable to pay mesne profits? - Held, no - Relationship of landlord and tenant never came..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Section 144 -- Ex parte eviction order - Possession delivered in execution - Landlord inducted another tenant - Ex parte eviction order set aside - Restitution - Restitution can be ordered as third party inducted as tenant derives his possession as tenant from the landlord who..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Proviso - Provisional rent - Extension of time for tendering provisional rent - Rent Controller has no jurisdiction to order extension of time of payment of provisional rent by the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Proviso - Provisional rent - Review - Rent Controller has no jurisdiction to grant further time to tenant for tendering provisional rent when he does not agree with him on his application for review...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Proviso - Provisional rent - It is the duty of Rent Controller to assess accurate amount of provisional rent to be tendered by the tenant - In case accurate amount payable by tenant is not assessed by Rent Controller and tenant fails to pay the exact amount then tenant is not liable to be evicted for no..........
