Civil Procedure Code, 1908, Order 21, Rule 32, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12 -- Suit for permanent injunction - Decreed - Execution of decree passed against landlord restrain him from making holes, pulling down roof of shop - Tenant filed application under Order 21 Rule 32 - Roof of shop already fallen - Executing court directed tenant..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction order - Obstructor claiming to be in possession in his independent right of tenancy - No rent receipt or documentary evidence produced - Rent, if not accepted by landlord, not deposited in Court - Merely because of the original rent note executed between D.H. & J.D. being in the hand of obstructor does..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction on ground of non payment of rent - Compromise during pendency of appeal - Tenant granted time to vacate in the year 2004 - During this period premises brought out of Municipal Area and Rent Act became inapplicable - In execution objection of tenant that Rent Controller has no power to execute the..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- Exemption from Rent Act - Time of construction October, 1983 admitted in rent note - There were no compelling circumstances to admit the time of construction at the time of execution of rent note - Court below was right in relying upon the date of construction as October, 1983 - Held, suit rightly..........
Rent and Eviction -- Eviction order or decree - Appeal or revision - Stay of execution of eviction order - Revisional or Appellate Court can grant stay of execution of eviction order or decree on terms, including a direction to pay monthly rent at a rate higher than the contractual rent - Amount so fixed should not be excessive, fanciful or punitive amount...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 3(1) -- After passing of eviction decree by civil court Rent Act became applicable - Rent Act became applicable when execution process of Civil Court decree had not come to full realization - Decree Holder was trying execution of Civil Court decree after notification had been made to the area to come within..........
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...........
Rent and Eviction -- Order of eviction passed - Frivolous objections filed in execution petition - The same amount to an abuse of the process of Court and a flagrant violation of the eviction decree - Costs of Rs.10, 000/- imposed on tenant - Petition dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Agreement to sell with tenant - Tenancy of first floor only - On execution of agreement to sell rent was reduced to Rs.75/- and in case of default it was to be Rs.150/- - Sale deed not executed - Rent of Rs.150/- was not for the first floor alone but was for the entire building - Dismissal of eviction..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Relationship of landlord and tenant - Unregistered lease deed for three years - Even if rent deed is invalid, payment of rent itself creates a lease by implication - However, in the instant case, tenant did not ever pay rent to the landlord in respect of the preemies even for one month after the execution of the..........
