Rent and Eviction -- Arrears of rent - Transfer of property - If right to recover the arrears is assigned only then transferee on transfer of property can recover arrears of rent and if not paid can maintain a petition for eviction under the rent laws for those arrears as well. (Transfer of Property Act, 1882, S.109 Proviso.)..........
Evidence Act, 1872, Section 116 -- Relationship of landlord and tenant - Denial by tenant - Auction sale by Municipal Council - Tenant attorned purchaser and making payment of rent - Till the auction sale is set aside it cannot be said that purchaser did not acquire a valid title - Sale effected by purchaser in favour of respondents not suffering from any infirmity -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Sub letting - Parting of actual physical and exclusive possession by a tenant in favour of third person without consent of landlord amounts to sub letting...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Sub letting - Parting of exclusive possession of the whole building is not necessary - It would be sufficient if part of the building is proved to be in exclusive possession of a third person...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Sub letting - Tenant handed over possession of front portion of building to another person - Fact of payment of rent also proved - It amounts to sub letting - Parting of exclusive possession of whole building is not necessary...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii), 15 -- Sub letting - Finding as to - Is a finding of fact - High Court not to interfere in exercise of revisional jurisdiction...........
Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997, Section 6, 14 -- Section 6 empowers Collector to pass order requiring any person who is in arrears of rent payable in respect of any religious premises to pay the same - Thakurdwara a religious institution as defined in the Act - Notice issued under Section 6 to show cause as to why order requiring..........
Punjab Tenancy Act, 1887, Section 4, 5, 6, 7, 8, Evidence Act, 1872, Section 17, 18 -- Mere assertion on the part of defendants that they were tenants over the land in dispute and continued to be so from their fore - fathers - Would not amount to admission with regard to title of plaintiffs of the property in dispute when neither mentioned that defendants are tenants under..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 3,5 -- Haryana Development Regulation of Urban Areas Rules, 1976, Rules 11 and 14 - Lack of basic amenities - Extra Development charges - Withholding of - The instalment of EDC are not subject to the completion of particular item of external development work at a particular point of time - If the basic..........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Substitution of legal representative - Release of accommodation sought - Death of applicant - Adopted son filing application under R.25 stating that he is sole legal representative of landlord - Need was set up by landlord with regard to family members including his adopted son - No impediment to prosecute application..........
