Punjab Pre-emption Act, 1913, Section 19 -- Suit for ejectment of tenant decreed - Tenant continued in possession after ejectment order - Order of ejectment stayed by the appellate authority - Landowner selling land despite stay order - Held, ejectment order obtained by landlord, against the tenant, although not executed, puts an end to the relationship of landlord and..........
Rent and Eviction -- Sub letting - Two co-owners let out one shop consisting of two rooms - Sub letting in the year 1971 - Partition amongst co-owners in 1981 - Co-owners jointly filed eviction petition - Tenant liable to be evicted from both the rooms of shop - Plea of tenant that original tenancy was divided on account of partition hence eviction could be ordered only in..........
Punjab Tenancy Act, 1887, Section 84, Civil Procedure Code, 1908, Section 149, Court Fees Act, 1870, Section 13 -- Suit for recovery of share of produce - Appeal against - Deficiency of Court fee - Whole or part of Court fee when not paid, Court may allow such person to pay such fee and upon such payment the document in respect of which court fee is payable shall have the..........
Punjab Tenancy Act, 1887, Section 84, Civil Procedure Code, 1908, Section 149, Court Fees Act, 1870, Section 13 -- Court fee - Time for making good the deficiency of court fee - Held, provisions of CPC are not applicable to proceedings under the Pepsu Tenancy Act and Agricultural Land Act, however the general principles of CPC can always apply to such proceedings...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Purchaser of share from one of the co-onwers by daughter-in-law of tenant - Held, purchase of share by daughter-in-law of tenant does not improve the status of tenant as purchaser was neither a tenant in the premises nor has inherited the tenancy rights after the death of her..........
Transfer of Property Act, 1882, Section 106 -- Tenancy governed by Rent Act - After termination of tenancy tenant does not become a trespasser - He becomes statutory tenant...........
Punjab Tenancy Act, 1887, Section 40 -- Order of ejectment - Land was leased out for a period of 20 years - As per the provisions of Section 40 of the Punjab Tenancy Act, 1887, lessees was liable to be ejected from the tenancy land on expiry of lease period - No payment towards damages for use and occupation of the land for a period of more than three decades - Order of..........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 2(s) -- Occupancy rights - Claim of - Occupancy tenants means a tenant who, immediately before the commencement of the said Act, is recorded as an occupancy tenant in the revenue records and includes a tenant, who, after such commencement obtains a right of occupancy in respect of the land held by..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13 -- New building - Exemption from applicability of Rent Act - Defendant failed to prove that shop was constructed in 1994 and not in 1996 - Defendant failed to prove that shop was given on rent for more than 10 years prior to filing of the suit as such Rent Act is applicable - Tenancy was terminated by..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop cum Flat - Let out for business and residence - Single tenancy in favour of tenant - Landlord wanted the ground floor for his own business and first floor for residence of his son - Landlord entitled to obtain eviction...........
