East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Maintainability - Punjab Rent (Amendment) Act came into force in 29.8.2014 - Rent petition filed under 1949 Act is maintainable, particularly when it was filed before 29.8.2014...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Ownership of landlord - Tenant disputed ownership of landlord - However, no material produced on record to prove that landlord is not owner - Landlord had purchased property through a registered sale deed - In the absence of any material to contrary, Rent Controller rightly concluded that..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - S.13-B of the Act gives right to landlord to recover immediate possession of a building on his return - It is not the stand taken by tenant that any building has already been got vacated by landlord u/s 13-B of the Act - Contention by tenant that eviction petition is barred because of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - It is not necessary for owner to first come back to India and thereafter file a petition and wait for orders of Court which may take years - Mere intention to return to home country supported by an affidavit is sufficient - It is not requirement of law that landlord before..........
Hindu Marriage Act, 1955, Section 13B -- Divorce petition - Sought to be replaced with petition for divorce by mutual consent - Parties compromised - Parties agreed to withdraw all mutual allegations made against each other in divorce petition filed by them - They have been residing separately for more than one and half year and they have no children - Divorce petition..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Mere fact that proceedings u/s 13-B of the Act have remained pending for quite sometime, that itself cannot be a reason to deny opportunity of hearing to tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Once Court of Rent Controller chose to issue notice to tenant and tenant has already died, it was incumbent on Court to direct landlord to file an application for bringing on record legal heirs...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent & Eviction - NRI landlord - Leave to defend - It is incumbent on tenant to apply for leave to contest within 15 days from date of service of notice - Since tenant failed to apply leave to defend within said 15 days, petition for leave to defend rightly dismissed...........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Filing of petition before expiry of period of one year of marriage - Court may permit parties to file petition u/s 13-B of the Act before expiry of period of one year in exceptional cases...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Decree granted - Wife claimed before Division Bench of High Court that marriage was not solemnized on 6.6.2012 as claimed in the petition but it was solemnized on 6.12.2012 and that petition was filed before expiry of one year of marriage - Matter was remitted for decision afresh - Trial Court not gave an..........
