Contempt of Courts Act, 1971, Section 12, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Contempt of Court - Disobedience of eviction decree - In the instant case, landlord was handed over possession with police help - However, on death of landlord, tenant again forcibly took possession of premises from the wife of landlord - Hence, there is wilful..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 20, Rule 12 -- Eviction decree - Mesne profits - Unlawful occupant - Once a decree of eviction is passed, tenant becomes an unlawful occupant and therefore, any contract between parties also comes to an end - Consequently, lease deed or escalation clause herein would not be..........
East Punjab Urban Rent Restriction Act, 1949, Section 12 -- Eviction of tenant - Maintainability - Expert report states that there is growth of vegetation on walls and damage is also caused to roof on account of storage or rain water for long time on account of damage to rain water pipe - Location of tap which was bone contention between parties is on other side of the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 2(12) -- Eviction - Mesne profits - Determination of - Held, Court to make a fair estimate keeping in view circumstances which have been placed on record - One of parameters which Court can consider is testimony of landlord - In present case, year of eviction is 2006 -..........
East Punjab Urban Rent Restriction Act, 1949, Section 15, 4, 10, 12, 13 -- Haryana Urban (Control of Rent, Eviction) Act, 1973 In terms of notification dated 14.04.1947 by Rent Controller u,ss 4,10,12,13 alone are appealable in both the States of Punjab and Haryana - All other orders passed by Rent Controller are not subject matter of appeal - Orders other than the orders..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, Constitution of India, 1950, Article 12 -- Landlord who retired as employee of United Insurance Company filed eviction petition in his capacity as a specified landlord - Held, employee of United Insurance Company Limited is a specified landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 12, Civil Procedure Code, 1908, Section 151 -- Rent Controller authorising landlord to put up a construction above the top floor - Rent Controller does not have jurisdiction to grant any such permission - Rent Controller can only allow repairs to the tenanted premises - Impugned order set aside...........
Civil Procedure Code, 1908, Order 20, Rule 12, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Appeal against - Payment of mesne profits - Appellate Authority has jurisdiction to fix mesne profits payable - Order of payment of mesne profits has to be based on some material - Appellate Authority has to arrive at a prima facie finding as to what..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 20, Rule 12 -- Eviction order - Appeal against - Tenant paying rent of Rs.500/- p.m. - Premises used for commercial purposes - Tenant directed to pay Rs.5, 000/- p.m. as provisional rent/mesne profits during pendency of appeal...........
East Punjab Urban Rent Restriction Act, 1949, Section 12 -- Repairs - Sub tenant without written consent of landlord has no right to seek assistance of Court to execute any repairs in the premises...........
