East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material impairment of value and utility of building - Removal of such impairment after filing of eviction petition - Once acts of tenant puts ownership of landlord at peril, such acts or omission do fall within expression impair materially the value and utility of building - Eviction order..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - If bonafide requirement of landlord continues, landlord has a recurring cause of action...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(7) -- Eviction petition - Bonafide necessity - Death of landlord - Legal heirs are entitled to execute the decree same being part of his estate...........
Punjab Rent Act, 1995, Section 20(2), Registration Act, 1908, Section 49 -- Rent agreement - Non-registration of agreement would, per se, neither make agreement as void and liable to be not considered by Court nor would the same make it inadmissible in evidence - Registration if restored to by parties, would have presumption of truth attached to document - However, even in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Non-payment of rent - Once there was admission on part of tenant qua his default in payment of rent, qua relation of landlord and tenant, then nothing more was required to be adjudicated by Court...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - It is apparent that previous tenancy on first floor was never pleaded in application for leave to defend - Still further, in absence of any material that accommodation on first floor is sufficient, leave to defend cannot be granted - Still further, landlord cannot be forced..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - Tenants have not produced any material to show that premises was let out to electronic security systems - Rather landlord has produced rent deed to prove that separate portions were let out to petitioners herein, who are two brothers - Hence, even if rent has been paid for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - It is apparent that apart from shop number, landlady had also identified property by giving description of properties situated in all four directions - Tenants themselves claim that they are in possession of shop which is a part of bigger building - Thus, there is no dispute..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Plea of tenant that if only land is rented, Act of 1949 is not applicable - Plea held, not correct as rented land means any land given on rent separately for the purpose of being used principally for business or trade...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Arrears of rent - Claim for compensation/damages - Plaintiff/lesser has no right to refuse taking over of possession of the premises in question for any reason whatsoever - Delay in transfer of possession from bank to plaintiff/lesser was only creation of plaintiffs themselves - Therefore,..........
