Civil Procedure Code, 1908, Order 8, Rule 1, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Non-filing of written statement - Striking off defence - Instant petition not filed with promptness after passing of impugned order - It has been filed after more than 8 months after passing of impugned order - No explanation for this long delay..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Civil suit - Relationship of landlord and tenant - Denial of - Defendants/tenants have denied relationship of landlord and tenant in civil suit instituted by plaintiffs/landlords and not in ejectment petition - Held, defendants having themselves denied relationship of landlord and tenant between parties..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(iii) -- Material impairment - Construction has been raised on the vacant land inspite of the condition to the contrary in the rent note - Ejectment order passed against the tenant - The report submitted by the Rent Controller was upheld by the Appellate Authority - Held, ejectment order liable to be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Ejectment - `Jumla Mushtarka Malkan' Land - Held, Gram Panchayat has no right to file petition u/s.7 of the Act 1961 seeking ejectment of petitioners from land described as `Jumla Mushtarka Malkan' - Gram Panchayat is required to file petition by following procedure prescribed, under Punjab Gram Panchayat..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Provisional rent - Held, once provisional rent has been assessed, tenant is bound to pay same and if he does not, then ejectment has to follow - Rent Controller does not have jurisdiction to extend time for tendering provisional rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13B -- Eviction - NRI landlord - Leave to contest - Rent Controller allowed application of tenant for leave to contest ejectment petition on ground that earlier ejectment petition filed by landlords u/s.13 of the Act stood dismissed - Held, ejectment petition u/s.13-B of the Act cannot be dismissed and leave to..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Bona fide need - Landlord was aged 19 years when he filed ejectment petition nine years ago - He is now aged 28 years - By now he has completed his studies - Obviously he has to carry on his occupation for earning his livelihood - He could not be expected to depend on his family throughout his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 15, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Landlord has sought ejectment of tenant on ground of personal necessity of demised premises - Tenant by way of amendment wants to raise several preliminary objections which were available to him even at the time of filing of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 15, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Ejectment petition is stated to have been filed in August, 2008 on the ground of personal necessity - Amendment application was moved in November, 2011 i.e. after three years three months - Held, amendment application filed to delay..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Bona fide requirement - Ejectment petition filed five years ago - Contention of petitioner/tenant that respondent No.1/landlord has since started practice as advocate and, therefore, ejectment of tenant from demised shop on ground of bonafide requirement of landlord for running jewellery..........
