East Punjab Urban Rent Restriction Act, 1949, Section 13B, Evidence Act, 1872, Section 116 -- Eviction petition - Estoppel - Admission of ownership of landlord by tenant in written statement filed in earlier rent petition - In present eviction petition submission made by counsel for tenant that landlord had failed to prove his ownership - Held, submission is of no help -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Bona fide requirement - Landlord is holding a British passport - His place of birth is Village Birk, District Jalandhar, and therefore, he is a person of Indian origin - He has shown his intention to come back to India for starting a hospital in name of his deceased wife and it..........
East Punjab Rent Restriction Act, 1949, Section 13 -- Eviction - Mesne profit - Assessment of - Held, registered lease deeds are good barometer to assess mesne profits...........
East Punjab Rent Restriction Act, 1949, Section 13 -- Eviction - Mesne profit - Held, once ejectment order is passed, contractual rate of rent comes to an end...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Held, a co-owner, who is NRI, even when other co-owners are not NRIs, can maintain a petition for ejectment for benefit of all co-owners...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Letting out - Held, ownership of building is necessary condition for maintaining eviction petition u/s.13-B of the Act - Letting out by petitioner is not a sine-qua-non to maintain eviction petition in terms of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- NRI landlord - Bona fide need - Eviction - Validity - Ownership of landlady stands duly proved - NRI status is clear from residency card issued by Austrian authority - Intention to come back and to settle in India duly proved by statement of landlady stepping into witness box - Held, once these necessary..........
Civil Procedure Code, 1908, Section 9, East Punjab Urban Rent Restriction Act, 1949 - - Arrears of rent - Determination of - Jurisdiction of Civil Court - Held, Civil Court is the only Court of competent jurisdiction to determine the rate of rent as well as to pass decree for recovery of arrears of rent - Rent Controller under Rent Control Act cannot even pass order or..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - NRI landlord - Held, u/s.13-B of the Act, basic ingredients which have to be fulfilled are - (i) that landlord has to be an owner of premises in question for a period of 5 years prior to institution of petition - (ii) that landlord should be no, resident Indian falling within definition of S.2(dd) of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction - NRI landlord - Application for leave to contest - Held, it has to raise a triable issue regarding four issues mentioned in S.13-B - Other issues which pertain are of no relevance and Rent Controller is only to adjudicate on said four issues for decision...........
