East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Arrears of rent - Eviction order on ground of non payment of arrears of rent passed by Rent Controller affirmed by Appellate Authority - Rent Controller assessed provisional rent and fixed date for its tender - Tenant failed to tender rent as per order of Rent Controller consequent whereupon..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Personal necessity - Eviction order passed on ground of personal necessity - In revision tenant contended that landlord filed application u/s 13-B of the Act against two tenants and hence they are not maintainable - Held, where one building is occupied by different tenants, NRI landlord can seek eviction of all..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4) -- Eviction petition on ground of unauthorised possession of Shamlat Deh which vests in panchayat - Land recorded as gair mumkin johar (pond) in jamabandi - Held, land falls within definition of Shamlat Deh u/s 2(g)(4) of Act - Hence, petitioner not entitled to retain land even if he has raised his house..........
Civil Procedure Code, 1908, Order 9, Rule 9, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Recording of Zimni Order - Landlord died during pendency of eviction petition - Application for bringing LR's of deceased landlord dismissed in default - However, another application filed for restoration - Matter of bringing LR's on record delayed for one and a half..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Bonafide requirement - Landlady respondent No.2 gifted her 1/2 share in demised premises of her husband respondent No.1 where tenant was in occupation of ground floor - Respondent No.1 wanted to start his chartered accountant business in ground floor as it was not permissible on 1st floor as per by laws of..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5 -- Eviction of petitioner ordered from forest land - Petitioner denied that ownership of land vested in forest department - However, Govt. on the basis of notification dated 29.10.1980, declared the area as forest land, demarcated by boundary pillars whether under tree grown or not, and..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Eviction application on ground of bonafide necessity - Application adjourned subject to last opportunity for production of certain documents by petitioner, which he failed to produce - On next date of hearing request for extension of time for production of documents declined vide impugned order - Held,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order passed by Rent Controller on twin ground of subletting and ceased to occupy - Findings of Rent Controller dittoed by Appellate Authority - Revision dismissed in face of concurrent findings of courts below...........
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..........
