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...........
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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Section , Order 9, Rule 13 -- Ejectment petition against tenant (State of Haryana) - Tenant cared not to appear and contest petition, despite service of summons - Ex parte eviction order passed - Objection filed by tenant in execution application..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent - Non-payment - Eviction - Tenant denies his liability of arrears of rent on ground of documentary evidence and claimed trial on issue of his liability - Documentary evidence did not support his case - Held, he cannot take support of decision of Supreme Court in case of Rakesh Wadhawan and others 2003(2)..........
Civil Procedure Code, 1908, Order 5, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A(3)(a) -- (b) NRI landlord filed petition seeking eviction of tenant on ground of bonafide necessity - Summons issued to tenant received back with report of process server `Refused' - Held, presumption of service of summons cannot be made - After refusal, summons..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord filed petition seeking eviction of tenant on ground of bonafide necessity - Tenant sought leave to contest on ground that landlord was joint owner of shop and he alone cannot seek his eviction - Held, when landlord is joint owner and has filed petition u/s 13-B of the Act, this raises a triable..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction petition u/s 13-A of the Act by a landlord who became the owner of premises one day before the date of his retirement is maintainable when tenant was inducted by the previous owner and tenant was occupying the premises when the landlord purchased the property a day before his retirement...........
