East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Provisional rent as assessed by Rent Controller, tended by cheque, which was dishonoured - Not a case where tenant was mislead because of non-calculation of exact amount which he was liable to pay - Tenant himself calculated amount of arrears of rent, interest payable and cost - Held,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A(5) -- NRI landlord sought eviction of tenant from 2nd floor of residential premises on ground of personal necessity - Leave to contest allowed to tenant on the ground that there is nothing on record to indicate that landlord is retired or wants to come back to India - However, Certificate of registration issued..........
Suit for possession -- Suit for possession and recovery of rent - Premises let out by grandfather of landlord - Landlord bequeathed premises after demise of grandfather - Demised premises/shop situated in area where no Notified Area Committee was in existence - Held, Rent Act not applicable - Concurrent findings of Court below, decreeing suit do not warrant any..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 151 -- Eviction petition - Sub tenancy one of the grounds - Leading additional evidence to produce Income Tax Return and proof thereof by examining ITO to show that sub tenant is in possession of premises and is paying rent to tenant - Additional evidence can be led at the belated..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Written statement - Eviction petition - Amendment at appellate stage - Tenant purchasing share from one of the co-owners - Seeking amendment of written statement, at appellate stage that eviction petition is not maintainable - Held, eviction petition against a tenant..........
Limitation Act, 1963, Section 5, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Condonation of delay - Eviction petition filed by landlord dismissed by Rent Controller - Landlord filed appeal along with application u/s 5 of Limitation for condonation of delay of 11 days - Ground taken in application for condonation of delay was that his Advocate..........
Land Acquisition Act, 1894 - - Tenancy - Suit for eviction and recovery of arrears of rent - Joint tenants - Service of notice - Mother was a party in Suit along with other joint tenants including petitioners - Notice was served upon mother as well as other joint tenants who contested suit by filing written statement - Plea that petitioners were not served in the suit -..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - Interest on arrears of rent - First appellate Court invoked provisions of O.41.R.33 of CPC and awarded 6% interest on arrears of rent without citing any reasons - Held, such exercise of power by first appellate Court unjustified...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Proviso - Provisional rent - All the Rent Controllers in the States of Punjab, Haryana & U.T. Chandigarh are responsible to assess the exact amount of arrears of rent, exact amount of interest accrued thereon, cost of the petition and the exact total amount which is liable to be paid by the tenant as the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Proviso - Provisional rent - Rent Controller to assess accurate amount payable by tenant - In case Rent Controller fails to assess accurate amount payable and tenant does not tender the accurate amount then tenant cannot be held liable on the principle that 'Act of Court should do no harm to the litigant...........
