Evidence Act, 1872, Section 116 -- Estoppel against tenant - Suit filed by landlord for recovery of arrears of rent and ejectment of tenant - Dismissed on the ground that during pendency of the suit, the demised property was sold by the landlord - Purchaser of the property thereafter filed a suit for recovery of arrears of rent and ejectment of tenant - Tenant is estopped..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Arrears of rent not claimed in a suit for ejectment - Provisions of Order 15 Rule 5 not applicable - Order directing tenant to pay arrears - Cannot be passed - Defence of tenant - defendant cannot be deemed to have been struck off...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Resumption ordered on ground of misuse of premises by Government Department - Ejectment order upheld in appeal - Undertaking given by Government that misuse of premises will be vacated within one year - Accepted - Order of..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(i), Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Ejectment order obtained as a result of collusive action with objective of creating entitlement at for allotment of surplus land - Landowners did not disclose their land holdings head of family not impleaded, concealed fact of his being big landowner..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(i) -- Landowner did not disclose total family holding - No details of land given by landowner in proof of being a small landowner - Status of landowner being small landowner never determined - No ground for ejectment of tenant...........
Punjab Security of Land Tenures Act, Section 14A, 9 -- Ejectment of tenant on ground of non - payment of rent - Tenant's inability to produce receipts regarding payment of rent - Failure to substantiate claim that there was no custom of giving receipt in the village - Mere production of two witnesses to prove payment of rent without proof of receipts - Will not prove..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Gram Panchayat conceded claim of plaintiff in proceedings before Civil Court as a result suit of plaintiff that he was owner in possession and injunction against Gram Panchayat decreed - Panchayat having acknowledged title and possession of respondent - Cannot be permitted to say that a prima facie question..........
Punjab Tenancy Act, Section 84 -- Revision in ejectment case - Appeal filed before Collector after about 9 years of ejectment order of Assistant Collector, dismissed by a detailed order and revision there against dismissed by Commissioner - Financial Commissioner accepted the revision as order of ejectment illegal and void because lessee/tenant never served in ejectment..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(i) -- Form K1 - Ejectment of tenant on ground of small landowner - Landowner has to prove status as that of a small landowner under Haryana Ceiling on Land Holdings Act - Under Haryana Ceiling Act status of landowner has to be assessed in terms of a family consisting of husband, wife and upto three minor children, for..........
Rent and Eviction -- Landlord not accepting rent as such rent deposited in Court for the period 12.2.87 to 11.5.1988 @ Rs.500/- amounting to Rs.7500/- Ejectment petition for non payment of rent for the period 12.2.87 to 11.8.1988 amounting to Rs.9, 000/- - Tenant tendered balance rent of Rs.1500/- with interest and cost - Trial Court passed order of ejectment on the ground..........
