East Punjab Urban Rent Restriction Act, 1949, Section 15(1)(b) -- Provisional rent - Assessment of - Order of Rent Controller - Held, a person aggrieved by an order passed by Rent Controller has a remedy of appeal - Revision not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17, Delhi Rent Control Act, 1955, Section 25B,15 -- Eviction petition - Delhi Rent Control Rules 1959, R. 23 - Leave to defend - Amendment - Amendments sought were of facts which were already known to petitioner - Facts were all pre-existing i.e. existing at the time when application for leave to defend was filed - Held, if such..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Parties entering into compromise in an eviction petition - Civil suit filed seeking specific performance of compromise entered into between parties - Rent Act conferring exclusive jurisdiction in Rent Tribunal and ousting jurisdiction of Civil Court in maters relating to disputes between landlord and..........
East Punjab Rent Restrictions Act, 1949, Section 13(2)(i) -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Bona fide need - Petition through power of attorney - Maintainability - Eviction petition filed by NRI land-lord through his power of attorney who is father-i, law of land-lord - Held, it cannot be said that he is not in knowledge of personal facts which are necessary for disposal of..........
Punjab Security of Land Tenures Act, 1953, Section 9, 11, 12 -- Execution of Pattanama - Determination of rent - Assistant Collector 1st Grade directed tenant to execute Qabuliatnama/Pattanama and to pay rent in respect of land in dispute not exceeding 1/3rd of the crop of such land or value thereof as determined in prescribed manner - Appellate/Revisional Authorities also..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Eviction - Recovery of rent - Applicability of O.37 CPC - Held, O.37 applies where suit is upon bills of exchange, hundies, promissory notes or where plaintiff seeks to recover a debt or liquidated demand in money, with or without interest on account of a written contract, or on an enactment or on a guarantee - Claim of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Recovery of Rent - Leave to defend - Grant of - Validity - Held, in absence of any prima facie material to substantiate that petitioner had made payment of amount either by way of rent or mesne profits for period he had occupied premises, leave to defend granted by trial Court was not justified - Only..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Tax paid receipts, Assessment register extracts, Remittances to owner's account, Electoral roll, notices, Application for fixation of standard rent - Non of these documents establish tenancy - The documents no doubt establish possession - However, it does not infer from the..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Tax paid receipts - Tax deposit receipts for the year 1989-90 to 1992-1993 - If the respondents are licencees then there is nothing strange that appellants who are not residing in the city had sent the tax amount through respondents for payment to the Municipal Authorities -..........
