East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Mere closure of business for some period - Cannot be termed `Ceased to occupy' - Initial onus is upon the landlord that tenant has ceased to occupy the demised premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 15 -- Revision - When there is concurrent finding of fact based on proper appreciation of evidence, High Court will not interfere in those findings...........
Rent and Eviction -- Bonafide need - Need of landlady is not supposed to be seen for her individual comforts but for the comforts of her family members who are supposed to visit her frequently, especially in her old age. (East Punjab Urban Rent Restriction Act, 1949, S.13(3)(a)(ii)...........
Rent and Eviction -- Costs - Not assessed by Rent Controller - When costs are not assessed by Rent Controller tenant is not under a duty to tender the costs - It is duty of Rent Controller to assess the costs. (East Punjab Urban Rent Restriction Act, 1949, S.13(2)(i)...........
Rent and Eviction -- Ceased to occupy - Shop - Non consumption of electricity - Evident from evidence that tenant was not using the electric connection for long time - Contention of tenant that meter was out of order has no force as there is no evidence on record to that effect - Even in the report of meter reader the words were used as 'T.P.L.' meaning thereby that the..........
Punjab Land Revenue Act, Section 44 -- Successive Jamabandi entries showing one as a tenant of the other on payment of batai - Presumption has to be raised that he is a tenant - Actual payment of rent by tenant - Not necessary - Jamabandi entries are evidence of contract of tenancy...........
Punjab Tenancy Act, Section 4(5) -- Actual payment of batai/rent - Not necessary to be proved by tenant - Requirement to prove to be tenant - That there had been agreement by tenant to pay rent - Rent may be in the form of produce or cash - Jamabandi entries are evidence of such contract of tenancy...........
Rent and Eviction -- Vacation of premises - Not necessary that the tenant always takes the receipt when he delivers the possession to the landlord - Obtaining of a receipt may be a corroborative piece of evidence. (East Punjab Urban Rent Restriction Act, 1949, S.13)...........
Punjab Tenancy Act, Section 4(3), 4(4) -- Costs of suit awarded against tenant in ejectment proceedings - Cannot be included in definition of rent...........
Punjab Security of Land Tenures Act, Section 14A(i) -- Form `L' - Ejectment of tenant for non - payment of batai - Assistant Collector ordered payment of amount determined as 1/3rd batai with 8% interest accrued thereon within 15 days failing which tenant would stand ejected - Tenant deposited amount only after being unsuccessful in getting a stay - Failure to comply with..........
