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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction petition - Sub tenant - Not a necessary party to an ejectment proceedings...........
Civil Procedure Code, 1908, Section 47, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Execution - Objection by third party claiming himself to be a direct tenant - Held, there in no compulsion on the part of the Executing Court to proceed in the matter only after framing of issues...........
Punjab Security of Land Tenures Act, 1953, Section 14 -- Eviction on the ground of non payment of rent - Tenant in cultivating possession of rented land on batai basis - Ejectment ordered u/s 14 of the Act without affording opportunity to deposit arrears of rent/batai - Held, provision of S.14 of the Act are peri materia with the East Punjab Urban Rent Restriction Act -..........
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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Bonafide requirement - Landlord to fend for self, her spouse and a son who is presently a student of MBA - Held, the increasing notions of privacy would justify the averred pleading of personal bonafide necessity - The needs of growing family can safely be taken into consideration by the Court - Moreover desire of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Landlord purchased house just before retirement - Held, there is nothing unnatural on the part of public servant to purchase house just before or after his retirement - House under the occupation of tenant to fetch little less than the value which it would fetch otherwise in the market -..........
Madhya Pradesh Accommodation Control Act, 1961, Section 23(J)(i) -- Specified landlord - Landlord in govt. service - Landlord let out his shop through his uncle - After retiring from service, landlord sought eviction of the tenant from the shop u/s 23(J)(i) of the Act - Held, landlord is a specified landlord in terms of section 23(j)(i) of the Act - Petition hence..........
