East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Appearance through power of attorney holder - Held, permissible as power of attorney holder is not a stranger and he is the brother of owner - Once he has answered all the questions, adverse inference against owner cannot be withdrawn, only on no, appearance of the owner...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Arrears of rent - Provisional assessment of rent - Is to secure the regular payment to the landlord and test the bonafides of the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Arrears of rent - Tenant deposited provisional rent as assessed by the Court - However, on the day fixed for payment neither tenant nor his counsel appeared in Court which resulted in order of eviction - Appellate authority should have taken broader view of the matter in extending the time for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Order of eviction of tenant - Cannot be permitted to be passed casually...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of rent - Cheque dishonored - Accused not even sent a reply to notice sent by complainant - Accused rightly convicted - However, since accused already vacated premises and cheque amount is of Rs.4,85,000, interest of justice would be met if quantum of fine amount of Rs.7..........
Government Grants Act, 1895, Section 2, 3, Delhi Rent Control Act, 1958, Section 2 -- Rent and eviction - Perpetual lease deed with Union of India - Non payment of rent by Union of India - Applicability of provisions of Rent Act - Nothing in terms of perpetual lease deed to suggest that grantee would not be entitled to avail of its ordinary remedies as a landlord in the..........
Government Grants Act, 1895, Section 2, 3, Delhi Rent Control Act, 1958, Section 2 -- Rent and eviction - Perpetual lease deed with Union of India - Non payment of rent by Union of India - Proceedings under Rent Act - Competent - As S.3 of Government Grants Act restricts its applicability only to Transfer of Property Act...........
Rent and Eviction -- Sub letting - When eviction is sought on ground of sub letting, onus to prove sub letting is on landlord. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.10(2)(ii)(a)...........
Rent and Eviction -- Sub-letting - Means transfer of an exclusive right to enjoy property in favour of third party - To constitute sub letting, there must be parting of legal possession, i.e., possession with the right to include and also right to exclude others. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.10(2)(ii)(a)...........
Rent and Eviction -- Sub letting, assigning or otherwise parting with the possession of the whole or any part of the tenancy premises, without obtaining consent in writing of the landlord, is not permitted and if done, the same provides a ground for eviction of the tenant by the landlord. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.10(2)(ii)(a)...........
