Limitation Act, 1963, Section 5, East Punjab Urban Rent Restriction Act, 1949, Section 13B -..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Trial Court assessed rent - Conduct of tenant not to deposit rent - Tenant consistent defaulter - From the conduct of tenant it is clear that he had been playing the game of hide and seek - Defence struck off - Order upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Pleadings as to - Landlord specifically pleaded that he is not in possession of any other commercial site in urban area of Ferozepur Cantt and he has no other shop - Held, pleadings lead to conclusion that there was no occasion for him to vacate any other shop in same urban area -..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(1)(b) -- Appeal - Deposit of entire arrears of rent - Held, S.15(1)(b) of the Act empowers the aggrieved person to file an appeal against order of Rent Controller before the Appellate Authority within 15 days - There is no condition of depositing any arrears of rent at the time of filing of appeal - S.15(2) empowers..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A(1A) -- Eviction petition - Employees of UT, Chandigarh - Held, administration of UT is administered by President of India in terms of Art. 239 of the Constitution and hence, employees of UT, Chandigarh are employees of Govt. of India for purpose of filing eviction petition...........
East Punjab Urban Rent Restriction Act, 1949, Section 2(a), 13A -..........
Rent and Eviction -- Bona fide need - Eviction order passed - Appellate Court confirmed the eviction order - In an appeal in High Court tenant made a statement that he shall surrender the entire first floor of the suit premises - High Court remanded the matter to trail Court for considering as to whether it would be possible to divide the ground floor into two parts..........
Practice and Procedure -- Pleadings - Absence of - Contention that suit was not maintainable and an ejectment application under provisions of Rent Act should have been filed - Held, neither any such issue was framed as there was no pleadings regarding this and even otherwise plaintiff did not admit that there was any tenancy and relationship of landlord and tenant was..........
Punjab Security of Land Tenures Act, 1953, Section 14A(1) -- Eviction - Non-payment of rent - Concurrent findings of facts have been recorded by revenue authorities that `R' (now his heirs) have not paid rent - Eviction order against petitioner and others i.e. LRs of `R' has been passed for no, payment of rent - Petitioners/tenants are denying relationship of landlord and..........
Punjab Municipal Corporation Act, 1976, Section 93(b), 93(c) - - Assessment of house tax - Applicability of S.93(c) - Provisions of Rent Act are applicable in area where property of petitioner is situated - Held, S.93(c) is applicable only where rental value cannot be worked out - Respondents cannot take recourse to S.93(c) but will have to assess house tax on basis of..........
