Housing -- Surrender of house - Refund - Respondent paid total amount of Rs.1,15,784 following the allotment of house by the petitioner/Board - Respondent decided to surrender the house after living in it for about 3 years i.e. on 09.08.1996 - Petitioner had agreed to return the amount paid by the Respondent but this did not mean that the interest component would also be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional rent - Assessment - 2011(2) Civil Court Cases 290 (P&H) followed wherein it was held that Rent Controller to asses exact amount of arrears of rent, exact amount of interest and total amount to be tendered by tenant on date fixed - Dictum of Directors not followed - Impugned order set aside...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A(1A) -- Eviction petition - Landlord is entitled to seek eviction of tenant from residential and non-residential building in summary manner in terms of S.13-A(1) & (1-A) of Act of 1973...........
Civil Procedure Code, 1908, Order 8, Rule 5, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition on ground of sub-letting - Principal tenant neither filed written statement nor adopted written statement of other co-tenants - Held, it amounts to admission of averments made in eviction petition in terms of O.8.R.5 Civil Procedure Code...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99 -- Eviction order - Execution - Third party objection claiming himself to be tenant - Neither any rent note nor any rent receipt or any document establishing that rent was ever paid, placed on record - In absence of any such document, status of appellant cannot be held to be that of tenant - Objection petition..........
Rent and Eviction -- Enhancement of rent - Guidelines and norms for enhancement of rent - (i) Tenant must enhance rent in accordance with terms of agreement or ; (ii) Tenant must enhance rent at least by ten percent after every three years; (iii) If rent is too low in comparison to market rent and rent was fixed almost 20 to 25 years back then present market rate to be..........
Rent and Eviction -- Enhancement of rent - Any enhancement in rent will not ipso facto be deemed to be unreasonable and exorbitant, unless party aggrieved is able to give cogent reasons for the same...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i), 15(1)(b) -- Provisional rent - Determination - Tenant can challenge the same in an appeal - If neither appeal is filed nor rent is tendered then an order of eviction has to be passed - Tenant can challenge the order of provisional rent in appeal against order of eviction as order of eviction is dependent on..........
Rent and Eviction -- Tenant not vacating preemies even after availing time given by Court - Tenant to be evicted forthwith by police force...........
Rent and Eviction -- Tenant not vacating premises despite granting time by Court or despite giving an undertaking to Court - Tenant to be evicted by police force if he does not vacate of his own - If any extension of time to vacate is desired, application should be filed well in advance...........
