Arbitration and Conciliation Act, 1996, Section 4 -- Objection as to jurisdiction - As per evidence no objection was taken with regard to applicability of Rent Act before arbitrator - Objection deemed to be waived as per S.4 of Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ia) -- Rent and eviction - Bonafide requirement - Landlord is best judge of his needs - Tenant cannot dictate his terms with regard to suitability of accommodation - Requirement has to been from perspective of landlord and not from that of tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ia) -- Rent and eviction - Bonafide requirement - Landlord is 74 years of age, not keeping good health and has failing eye sight - No ground for judging bonafides of landlord, especially when landlord has already shown his intention and purpose of starting business which is not required to be proved - Eviction..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ia) -- Rent and eviction - Bonafide requirement - Merely because sons of landlord are settled in USA and doing well is no ground to doubt bonafides of landlord...........
Suit for possession -- Plaintiff and defendant both claiming to be tenants and paying rent - Rent receipts show that plaintiff was allotted land in khasra No.270 whereas defendant was allotted land in khasra No.267 - Concurrent finding of courts below that defendant is in possession and allotted different land in khasra No.267 and he has no right to claim the suit property..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Dispute between parties on account of no, payment of monthly rent fixed as per agreement for use of transformer - Respondent is not agreeing on the name of the arbitrator proposed by the applicant - Therefore, Court by..........
Rent and Eviction -- Necessary parties - In rent proceedings the lessee/tenant is the only necessary or/and proper party and none else - An employee of a tenant is not a necessary party...........
Rent and Eviction -- A tenancy is creation of contract between two persons who are capable to enter into contract called lessor/landlord and lessee/tenant - Two persons can be either living person or juristic person such as partnership firm or a company...........
Rent and Eviction -- Once tenancy is created either orally or in writing with respect to a land or building then it is always subject to relevant provisions of Transfer of Property Act or State Rent Acts - Ss.105 to 111 of Transfer of Property Act provide certain safeguards, create some statutory rights, obligations, duties whereas State Rent Acts, inter alia, specify..........
Evidence Act, 1872, Section 116 -- Derivative title of an Assignee/Vendee - Tenant is estopped from challenging title of landlord during continuation of tenancy - However, tenant/lessee is entitled to challenge the derivative title of an Assignee/vendee of original landlord in an eviction brought by assignee/vendee against tenant for his eviction from demised property..........
