East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity - Construction on the remaining premises has already been raised - Cannot be a ground to hold that the bonafide personal necessity of a landlord has come to an end particularly when the shop in question is abutting the main road...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity - Landlord cannot be expected to keep waiting till the tenant vacates the tenanted premises and then start the required construction...........
Stamp Act, 1899, Section 29(c) -- Rent deed - Insufficiently stamped - Rent deed impounded - Who is liable to pay stamp duty and penalty - Rent deed produced in Court by plaintiff/lessor - Defendant lessee admitted execution of rent deed - As execution of rent deed is admitted by defendant/lessee, as such it is defendant/lessee who is liable to pay stamp duty and penalty -..........
Rent deed -- Executed for a period of four years - Requires compulsory registration in view of the provision contained in S.17(1)(d) of the Registration Act, 1908, leave of immovable property form year to year, or for any term exceeding one year, or reserving yearly rent. (Registration Act, 1908, S.17(1)(d)...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction order - Compromise - Direction to tenant to handover vacant possession of premises to landlord with observation that on handing over of vacant possession landlord shall not be entitled to any arrears of rent and/or use and occupation charges as claimed by him - On failure to handover vacant possession of..........
Madhya Pradesh Land Revenue Code, 1959, Section 172(1), (4) -- Imposition of penalty u/s.172 of the Act - Issuance of show cause notice - Seeking reply from petitioner regarding running of marriage garden without permission and without diverting the land in dispute - Plea of petitioner that land in dispute although used for marriage functions but are not used for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Order of provisional assessment of rent - Can be challenged only in very exceptional cases, where the same causes manifest injustice to the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Provisional rent which has been assessed by Rent Controller - Is always subject to final assessment and, if any amount is found to have been paid in excess, the same can always be adjusted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Provisional assessment of rent - Neither partly placed on record rent receipts or any other documents to show arrears of rent and period of rent - Therefore, Rent Controller rightly assessed provisional rent by simply balancing the rival contentions by taking period as stated by tenant and rate..........
Adverse possession -- Plea of adverse possession by tenant - Withdrawal of plea of adverse possession by tenant - Held, tenant having asserted his adverse possession, qua, the `premises in suit', his ostensible tenancy rights in the `premises in suit' disappeared into thin air and provisions of Rent Act ceased to apply to the suit property - Remedy of landlord lay before..........
