East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - After retirement landlord joined service on contractual basis - Held, by no stretch of interpretation can it be suggested that a post-retirement assignment, which too is contractual in character and terminable on a month notice, would be covered by the provisions aforementioned...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 108 -- Lease of property of more than one year - Deed requires registration but not registered - Lease deed stipulated that tenant is not entitled to do any work upon property - Landlord failed to carry out repairs despite notice - Held, tenant is entitled to carry out repairs - A term under an..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Change of user - Every change of user is not actionable - It is only the change which impairs the utility of the building or which causes hardship to the landlord is actionable...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Leave to defend - Personal necessity - In leave to defend tenant disputing relationship of landlord and tenant but failed to state as to who is the owner of demised premises - However, landlady placed on record will executed by her grandmother in her favour, mutation letter, house tax receipts and copy of complaint..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- NRI landlord - Seeking eviction of tenant to start business in the tenanted premises - Petition opposed by tenant that landlord was an elderly person and since his family members and relatives are living in Canada, hence elderly person cannot run business singularly - Contention not tenable - Held, NRI..........
Civil Procedure Code, 1908, Section 9 -- Suit for possession - There is no relationship of landlord and tenant between plaintiff and defendant - Suit for recovery of possession is maintainable in civil Court...........
West Bengal Premises Tenancy Act, 1997, Section 17(4A), 20 -- Fixation of fare rent - Premises let out for commercial purposes at the monthly rent of Rs.2250/- - Tenancy subsisting for more than 20 years - Landlord served notice u/s 20 of the Act on the tenant indicating his intention to increase the rent five fold - Landlord contended that S.17(4-A) contemplates automatic..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction order - Execution - Petitioner claiming to be a direct tenant - Rent alleged to be paid through cheques and also directly to a son of the landlord - However, there is no evidence to prove the same or that landlord had uncashed the cheques - No document to prove relationship of landlord and tenant..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte eviction order - Setting aside - Substituted service allowed as premises found locked - Plea of tenant that as premises were locked as such summons sent at this address cannot be considered duly served - However, tenant in reply to notice specifically denied the allegation..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 4(1) - - Ejectment petition - Tenant taking objection that ejectment petition incompetent because the tenanted premises have been ordered to be resumed by the competent authority in terms of provision of section 4(1) of the Act of 1971 - Resumption order yet to attain finality - Held, plea of the tenant not tenable..........
