Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 7 -- Housing Development Board allotted house on instalment basis - Failure to pay instalments - Board cancelled the allotment after due notice to plaintiff - After cancellation of allotment, plaintiff of its own deposited the instalments in the Bank without permission of Board and..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 7, Limitation Act, 1963, Article 58 -- Allotment of plot - Cancellation - Limitation to file suit to set aside cancellation is three years - Suit filed after about 10 years of cancellation - Held, suit is barred by limitation...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Joint property - Partition of property - A tenant cannot be evicted/dispossessed in execution of a partition decree passed between the joint owners - Tenant can be evicted only in accordance with the provisions of Rent Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Plea of tenant that he had paid rent - Proof of - Rent paid without taking receipt - Tenant an organization - Other office bearers of organization acknowledging non payment of rent - Statement of landlord that he has not received the rent - Plea of tenant as to payment of rent is contrary..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Specified landlord - Certificate of ownership issued by Estate Office who is custodian of record of ownership of immovable property - Eviction petition cannot be rejected on the ground that certificate of ownership is a sham transaction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, 13B,, 18A -- Specified landlord - Bonafide requirement - Tenant not applying for leave to contest within statutory period - Has no right to file application U.O.7.R.11 CPC for rejection of eviction petition...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Landlord carrying on business in H.P. - Wanted to shift his business to Sunam, his native town - During pendency of eviction petition father of landlord died and another shop fell vacant which was owned by landlord and other legal heirs - Landlord cannot be asked to shift his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Landlord carrying on business in H.P. - Wanted to shift his business to Sunam, his native town - Need bonafide - Eviction granted...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 10, 15 -- Unauthorized occupant - Order passed by Authority under the Act challenged in a civil suit - Jurisdiction of civil court is not ousted when order passed is a nullity - Wrong order passed on merits is not a nullity - Unauthorized occupancy of petitioner dealt with by the authorities..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Required for business to be started by grandson - Objection that eviction can be sought only when premises is required for own occupation of landlord - Not tenable - If landlord alognwith his son and grandson is living together, the requirement of his family, including the..........
