Rent and Eviction -- Sub letting - Sub tenant in exclusive possession of suit premises and carrying on different independent business - Tenant had no legal control or possession over the premises - Held, sub letting is proved - Order of eviction, upheld...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Eviction order - Tenant granted nine months time to vacate suit premises on payment of Rs.2, 000/- per month subject to filing of usual undertaking in Court...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Arrears of rent - Tender of rent - Denial of relationship of landlord and tenant amounts to a positive assertion of a right not to tender rent - In such cases it is not expected of the Rent Controller to pass an assessment order of rent directing tenant to pay the rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Tenant conceded that landlord had been issuing rent receipts but the same not forthcoming on record - Eviction ordered on account of insufficient tender - Eviction order upheld...........
Rent and Eviction -- Non payment of rent and personal necessity - Tenant claiming to be the owner of property - Contradictory stand in reply to eviction petition and oral statement - Tenant admitted in reply that there was an agreement for sale of the house between parties which means that tenant admitted that landlord was owner of the property - Tenant not able to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Arrears of rent - Plea of tenant that he had already paid rent but landlord did not issue receipts - Not believable - If landlord was not issuing receipts then tenant could move an application before Rent Controller for the deposit of rent - Plea not tenable in absence of cogent and convincing..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Rate of rent - Landlord placed on record counterfoils of rent receipts duly signed by tenant to show that rate of rent was Rs.150/- p.m. - Held, that record of Municipal Corporation cannot be said to be conclusive proof regarding the rate of rent in respect of demised premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Short or invalid tender - Dispute as to rate of rent and period for which rent is due - Rent Controller when comes to the conclusion that tender is short and invalid then a conditional order is to be passed by giving tenant a reasonable time for paying or tendering the deficit amount,..........
Rent and Eviction -- Tenant dismantled collapsible gate and when protested tenant threatened landlord to kill him - Tenant putting up a concrete elevation of floor - Amounts to doing acts contrary to the provisions of Rent Act - Order of eviction, upheld. (Transfer of Property Act, 1882, S.108, West Bengal Premises Tenancy Act, 1956, S.13(1)(b)...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 5 -- Eviction by Govt. company - Onus - Plea of tenant when discloses no prima facie case then it is tenant who is asked to lead evidence first...........
