East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent - Arrears - Rent Controller is under an obligation to make an assessment of arrears of rent, interest on such arrears and cost of application by way of an interim order and to fix a date for payment of arrears of rent - If tenant fails to comply with the order then nothing more is required to be done and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Tenant granted 30 days time to deposit arrears - Tenant failed to do so - Extension of time refused - Order of ejectment - Upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 18A(4) -- Specified landlord - Ejectment application - Leave to defend - Limitation is 15 days from date of service of notice - Period of 15 days cannot be enlarged by applying even provision of S.5 of Limitation Act - Application for leave to defend filed beyond 15 days of service of notice - Objection regarding..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(c) -- Eviction petition filed by owner whereas premises were let out by Power of Attorney holder without disclosing he being power of attorney holder - As power of attorney is a registered document and registration of a document is notice to all as such it is not open to the tenant to say that he was not aware of the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Property partly owned by government - Government not impleaded as party - Ejectment petition without Govt. being party - Fact that tenant recognised ownership of landlord and also paid rent to him - Temple and Government were not necessary parties to be impleaded in suit for ejectment...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Rent - Arrears - Premises taken on rent by tenant from landlord - Litigation between landlord and his father over title to property - Tenant stopped payment of rent to landlord and instead making payment to father - Tenant cannot stop payment to landlord - Order of ejectment validly passed for non payment of..........
Punjab Tenancy Act, 1887, Section 84(3) -- Punjab Security of Land Tenures Act, 1953, Section 14A(iii) - Reference to Financial Commissioner - Service of notice - Principles of natural justice - Ejectment of tenant - Non payment of rent - Order of ejectment passed by Assistant Collector as confirmed by the Collector referred to the Financial Commissioner by the..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(1) -- Arrears of rent - Tenant ready to pay but landlord not accepting and every time filing ejectment petition on the ground of non payment of rent - Held, tenant is not liable to pay interest on the arrears of rent because he is not at fault...........
Punjab Tenancy Act, 1887, Section 42(a), 43, 44, 76, Punjab Security of Land Tenures Act, 1953, Section 9 -- Ejectment ordered under Section 42(a) read with Section 44 and Section 76 Punjab Tenancy Act - Provisions contained under Punjab Security of Land Tenures Act not applicable - Revenue Officer competent to order ejectment under Punjab Tenancy Act - Under Punjab..........
Punjab Tenancy Act, 1887, Section 77, Punjab Security of Land Tenures Act, 1953, Section 9 -- Simply because a tenant did not pay the rent - No ejectment application can be filed against him under Punjab Security of Land Tenures Act - Only remedy available to a landlord - To file a suit for recovery of rent under Section 77 - Revenue Court can pass a decree against tenant..........
