East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to contest - Triable issue - Rent Controller to consider (i) a NRI-landlord even if only a co-owner/joint owner in the demises premises, can seek eviction of his tenant under Section 13-B of the Act; (ii) ordinarily, the fate of an eviction petition filed earlier under Section 13 of the Act,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Three shops part of the same building - Requirement of the entire building whether occupied by one tenant or more - Held, S.13-B of the Act enables a NRI landlord to seek eviction of the tenant(s) from the entire building...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Earlier petition u/s 13 of the Act for arrears of rent was dismissed in default - Has no material bearing at all on the merits of the eviction filed u/s 13-B of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Section 11 -- NRI landlord - Dismissal of eviction petition filed u/s 13 of the Act on merits - Has no bearing on the merits of the subsequent petition filed u/s 13-B of the Act...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 4, 5 -- Fair rent - While S.4 of the Act pertains to determination of fair rent, S.5 thereof provides further revision in the fair rent after every five years - One of the way to be followed by a Rent Controller can be to determine the fair rent and leave the matter there only - The other pragmatic approach..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- Exemption from Rent Act - Time of construction October, 1983 admitted in rent note - There were no compelling circumstances to admit the time of construction at the time of execution of rent note - Court below was right in relying upon the date of construction as October, 1983 - Held, suit rightly..........
Eviction petition -- Relationship of landlord and tenant admitted - It is not open for the tenant to deny the title of the landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified Landlord - Landlord retired from service but re-appointed as member of review committee under Prevention of Terrorism (Repeal) Act where from he demitted office on 21.09.2005 - Landlord filed eviction petition as specified landlord on 06.09.2006 - Held, petition is within limitation as period of one..........
Rent and Eviction -- Eviction order or decree - Appeal or revision - Stay of execution of eviction order - Revisional or Appellate Court can grant stay of execution of eviction order or decree on terms, including a direction to pay monthly rent at a rate higher than the contractual rent - Amount so fixed should not be excessive, fanciful or punitive amount...........
Rent and Eviction -- Eviction order or decree - Appeal or revision - Stay of eviction order - Can be granted subject to terms including payment of higher rent than contractual rent - Status quo ante is to be restored in case appeal or revision of tenant is accepted and tenant is entitled to get back the amount paid in excess of contractual rent - Amount fixed by Court over..........
