East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revision - High Court in revisional jurisdiction cannot reappreciate evidence in order to reach a conclusion different than the one concurrently recorded by Courts below - Even if principal facts have been proved and inferential facts have been assumed by Courts below, it is not possible for High Court to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlord wanted shop for Karyana business - There was a room on first floor of shop - Room on first floor cannot be considered as commercial in nature and no pleadings was required - Landlord cannot be accused of concealing this fact because it was so evident that no intention to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent - Arrears - Rent Controller is under an obligation to make an assessment of arrears of rent, interest on such arrears and cost of application by way of an interim order and to fix a date for payment of arrears of rent - If tenant fails to comply with the order then nothing more is required to be done and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional order as to payment of arrears of rent - Failure to pay - Subsequent variation in determination of fair rent by Appellate Authority - Another opportunity cannot be afforded to the tenant for depositing the rent enabling him to save his eviction as failure of tenant to comply with the provisional order..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Parting with exclusive possession in favour of brother - Once tenant has parted with exclusive possession of a tenanted premises then a reasonable inference arises with regard to consideration and payment of rent - Such an agreement between tenant and sub tenant is always a secret..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Family settlement - Shop fell to the share of landlord in a family partition - Tenant has no right to challenge the family partition entered into between members of the family of the landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Family partition - Shop fell to the share of landlord in a family partition - Decree passed on the basis of such family partition does not require registration as family settlement merely allocates and settles the existing rights by way of mutual adjustment. (Registration Act, 1908, S.17)...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bona fide need - Shop required for personal use and occupation - Landlord for the time being started business of running a brick kiln and taken land on lease till the year 2004 - Brick kiln business is a seasonal business which is not normally carried out throughout the year - If a landlord is..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revision - High Court in exercise of revisional jurisdiction cannot re-assess or re-evaluate evidence for the purpose of recording a finding different than the one recorded by Courts below merely because it is inclined to take a different view - Only permissible area to test the order of Courts below is whether..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, 18A -- Specified landlord - Leave to contest - Residential building let in parts to different tenants - Landlord has an option to get the recovery (immediate possession) of the residential building or any part or parts of the said building...........
