Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Gram Panchayat filed eviction petition against respondent alleging that respondent was in unauthorised possession of village land - Authorities below adjourned case since die making observation that Panchayat cannot file application u/s 7 of the Act without getting question of title decided - Civil Court..........
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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Appellate stage - Amendment sought regarding details of property - Held, if petitioner thinks that details of property, as have been given by landlord are wrong, these facts can be rebutted by filing affidavit before appellate court - If such affidavit is filed, appellate..........
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 -..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Section 144 -- Restitution - Ex parte eviction order - Civil Court as the Executing Court delivered possession in execution of ex parte eviction order - Application U.O.9.R.13 CPC at the instance of tenant allowed and ex parte eviction order set aside - Restitution application..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order set aside - Whether relationship of landlord and tenant came to an end once an order of ex parte eviction order was passed and whether tenant is liable to pay mesne profits? - Held, no - Relationship of landlord and tenant never came..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Section 144 -- Ex parte eviction order - Possession delivered in execution - Landlord inducted another tenant - Ex parte eviction order set aside - Restitution - Restitution can be ordered as third party inducted as tenant derives his possession as tenant from the landlord who..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i)(a) -- Eviction petition on ground of personal use and occupation to start business - Shop part of residential building but used for non-residential purposes by tenant - Held, shop falls within definition of non-residential building for which landlord can seek eviction of tenant for non residential..........
