East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Before expiry of lease period - Maintainability - Landlord can file petition for eviction under Rent Act even before expiry of lease period if a ground is available under the Act, as provisions of Act would certainly have an over-riding effect over all other statutes whenever there is a dispute..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Determination of mesne profits - Admissibility of lease agreement is not required to be determined for the purpose of assessing mesne profits especially when Rent Controller had passed ejectment order against tenant - Assessment of mesne profits and compensation is certainly a work of reasonable..........
Transfer of Property Act, 1882, Section 109 -- Transfer of lessor's right in favour of transferee - Transferee gets all rights and liabilities of lessor in respect of subsisting tenancy - Attornment by tenant is not necessary - Transferee of landlord's rights steps into the shoes of landlord with all rights and liabilities of transferor landlord in respect of subsisting..........
Punjab Security of Land Tenures Act, 1953, Section 9, 14, 14A, 18 -- Ejectment - Tenancy - High Court committed error by holding that tenant of agricultural holding becomes a trespasser after expiry period of tenancy - Moreover, procedure for eviction of tenant in occupation of building by approaching civil Court under Rent Control Act will not be applicable for evicting..........
Punjab Security of Land Tenures Act, 1953, Section 9, 14, 14A, 18 -- Ejectment - Tenancy - Tenant of an agricultural land is liable to be evicted only in manner provided under the Act, notwithstanding any contract on the basis of which tenant occupied possession of land for the purpose of cultivation - Action for eviction of a tenant can be taken before a Revenue Authority..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 148 -- Extension of time - Payment of provisional rent - Conditional eviction order was passed and compliance was to be made within two months - However, rent was still not deposited till 5.9.2014 whereas last date to deposit the same was 2.4.2012 - Bonafide of tenant was missing..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Ejectment of tenant - Ground of personal necessity - Tenant took plea of malafide intention and concealment of fact - Landlord purchased shop to shift his business activities which he is carrying from his residence to this shop - Petitioner tried to make out that `X' an associate of landlord has..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Ejectment of tenant - Fact that an associate of landlord had earlier filed an ejectment petition against the petitioner but lost, has not impact on the personal bona fide need of landlord...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - After expiry of lease if possession of tenant is without consent of landlord, he would be a tenant at sufferance - Tenant at sufferance is not entitled to a notice of ejectment in law...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Eviction - Assessment of provision rent - Tenant was in arrears of rent w.e.f. April 2001 to November 2002 - Tenant disputed relationship of landlord and tenant - Held, Rent Controller was not required to assess provisional rent - Ejectment proper...........
