Arbitration and Conciliation Act, 1996, Section 8 -- Eviction proceedings - Reference to arbitration - Permissibility - Held, Rent Controller are statutory authorities set up for purpose of adjudicating landlord-tenant disputes - Jurisdiction of these adjudicators cannot be by passed by an arbitration intervention through provisions of Arbitration and Conciliation Act...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Eviction - Assessment of provision rent - Tenant was in arrears of rent w.e.f. April 2001 to November 2002 - Tenant disputed relationship of landlord and tenant - Held, Rent Controller was not required to assess provisional rent - Ejectment proper...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Eviction - Non-payment of rent - Petitioner/tenant was in arrears of rent w.e.f. April 2001 to November 2002 - Execution of lease deed had been duly admitted by petitioner but it had taken up plea that it was result of mis-representation - Petitioner failed to establish said plea - Held, since..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Non-payment of rent - Tenant failed to establish that he had paid rent w.e.f. 24.08.1998 to 12.11.2005 - He was granted one month's time by Rent Controller to make up deficiency in arrears of rent - Tenant failed to do so - Held, eviction proper - Petition dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Shop-cum-office - Personal necessity - Landlord, owner of shop-cum-office, sought ejectment on ground of personal necessity qua residential premises - Landlord could not reside in shop-cum-office - Moreover, shop-cum-office has been sold by landlord - Held, landlord is best judge qua his need - Need of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Ejectment- Bona fide need - Death of landlord - Landlord sought ejectment of tenant on ground that he required demised premises to enable his son to run his business - During pendency ejectment petition landlord died - His son was impleaded as legal representative of landlord - Held, since landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Ejectment - Unfit and unsafe for human habitation - Landlord sought ejectment on ground that premises in question had been rendered unfit and unsafe for human habitation - Building expert deposed that flooring of building was not in a workable condition - Balas supporting roof had started decaying - Walls..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 2(g), 2(e), 4, 5, 7, Maharashtra Rent Control Act, 2000, Section 3(1)(b) -- Tenant of Private Limited Company protected under Rent Act - Company became Govt. company and Public Premises Act became applicable - Eviction of tenant - Remedy is to resort to procedure available under Rent Act and not by..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Court - Eviction suit - Extension of municipal limits - The moment demised premises which happened to be rural property becomes urban area by inclusion within municipal limits, Rent Act would be applicable and jurisdiction of Civil Court would cease to exists...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of court - Exemption as to applicability of Rent Act - Expiry of exemption period during pendency of suit - Civil Court will have jurisdiction to continue as rights of parties are to be seen at he time of filing of the suit...........
