East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Once Court of Rent Controller chose to issue notice to tenant and tenant has already died, it was incumbent on Court to direct landlord to file an application for bringing on record legal heirs...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent & Eviction - NRI landlord - Leave to defend - It is incumbent on tenant to apply for leave to contest within 15 days from date of service of notice - Since tenant failed to apply leave to defend within said 15 days, petition for leave to defend rightly dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Petition filed through power of attorney - Act does not debar filing of a plaint or a petition through a power of attorney holder - Eviction petition u/s 13-B of the Act therefore, can be filed through power of attorney holder...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Land owner is entitled to maintain various petitions filed against various tenants of the same building...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Second eviction petition - Maintainability - NRI landlord - Previous eviction petition was dismissed for no, prosecution U.O.9.R.8 CPC - Second petition/suit on same cause of action is maintainable if previous suit was dismissed in default - Even otherwise, there is no bar to maintainability of second eviction..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Landlord specifically pleaded that he has a young son who is idle and he wishes to settle him in premises in dispute - In such circumstances , it would not be appropriate to hold that bonafide requirement of landlord has come to an end - Need held bonafide...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Amendment sought to plead basic ingredients of S.13(3)(a)(i) of the Act - As no prejudice is being caused to tenant by amendment and he will get adequate opportunity to lead evidence therefore, amendment was rightly allowed in interest of justice..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Mere omission to make a pleading - Itself no ground to dismiss eviction application altogether, if otherwise, requirement is fulfilled in the evidence to be led from landlord`s side...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Plea of wilful suppression of fact - In terms of S.13(3) of the Act, landlady was obliged to disclose the fact of being in actual possession of any other similar premises within Municipal Limits - However, admittedly no such premises was in her own occupation - Plea of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Sale of small portion of premises - Does not make need of landlords to come to an end...........
