East Punjab Urban Rent Restriction Act, 1949, Section 13B, 15(V) -- Eviction petition - NRI landlord - Revisional jurisdiction - NRI landlord cannot be stopped from availing remedy made available by newly added provision merely because decisions in earlier ejectment petitions or because of pendency of ejectment petitions filed earlier under ordinary law - Revision..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i), 14A(ii) -- Recovery of rent - Eviction - If ejectment is sought on ground of no, payment of rent, then provisions of S.14A(i) have to be invoked but in case landlord is only desirous to recover arrears of rent from tenant, then provisions of S.14-A(ii) of Act have to be resorted too...........
Punjab Security of Land Tenures Rules, 1956, Rule 22, Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii), 14A(iii) -- Recovery of rent - Eviction - Application for deposit of rent filed by tenant after eviction application filled by landlord - If tenant wanted to escape from application for ejectment at hands of landlord who is not accepting rent on tender, should..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute regarding ownership - Admittedly, property was leased out in year 2007 and application was filed for eviction on 2013 - Litigation qua title is already pending in civil proceedings and the same as such would have no immediate bearing on East Punjab Urban Rent Restriction Act - Thus, where..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 96 -- Eviction petition - Warrant of possession issued for execution of order - It is not disputed that first instalment was deposited which is 3 days after execution application is filed - Even, in order to avoid ejectment and to comply with terms of compromise, tenant..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Issue of jurisdiction goes to root of matter in case it is found that property is not within Municipal limits, the petition itself would not be maintainable - In such circumstances,..........
Civil Procedure Code, 1908, Order 26, Rule 9, East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Local Commissioner - Cause of action as such is to landlord at time of filing of ejectment petitioner at that point of time and an application which was filed after 6 years would not help Rent Controller in deciding issue in any manner - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Eviction petition - Subsequent events - During pendency of proceedings subsequent events had taken place which led to landlady daughter to come to Ludhiana - Circumstances changed and now need of demised premises was for her daughter - In such..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Civil suit for possession/ejectment - Rent Act made applicable during pendency of suit - Right of parties stand crystallised on the date of institution of suit and therefore law applicable on the date of filing of suit continues to apply until suit is disposed of or adjudicated - If during pendency of suit, Rent Act..........
Civil Procedure Code, 1908, Order 1, Rule 10, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Impleadment of party - Plea of applicant that property was rented out to two brothers whereas eviction petition is filed against only one - Application to seek impleadment filed two years after ejectment petition was filed and at a stage where landlord had..........
