East Punjab Urban Rent Restriction Act, 1949, Section 18A(4) -- Specified landlord - Ejectment application - Leave to defend - Limitation is 15 days from date of service of notice - Period of 15 days cannot be enlarged by applying even provision of S.5 of Limitation Act - Application for leave to defend filed beyond 15 days of service of notice - Objection regarding..........
Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 12(1)(b), Limitation Act, 1963, Article 37 -- Tenant`s right to recover possession - Limitation - Landlord sought recovery possession on bonafide need of demolishing existing building and erecting new building - U/s.12(1)(b), tenant`s right to reoccupy building continues to survive - Application..........
Limitation Act, 1963, Article 52 -- Arrears of rent - Suit for recovery - Limitation is three years from the date when the arrears become due - Pendency of petition for fixation of fair rent does not preclude the landlord to recover the contractual rent...........
Rent and Eviction -- Rent - Default period fell beyond three years prior to date of suit - Law of limitation bars remedy of claimant to recover rent beyond three years prior to the institution of suit but that is not a ground to defeat the claim of landlord for decree of eviction. (Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, S.11(1)(d)...........
Adverse possession -- Co-owners - Long and continuous possession by itself would not constitute adverse possession - Possession of one co-sharer amounts to possession on behalf of other co-sharers unless there has been clear ouster by denying the title of other co-sharers - Mutation in the revenue record in the name of one co-sharer does not amount to ouster unless there..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 16, 15(5), Civil Procedure Code, 1908, Order 22, Rule 3 -- Eviction order - Revision against - Death of revision petitioner during pendency of revision - Revisional Court has inherent power to being L.R's on record - Limitation of 3 years prescribed U.O.22.R.3 is not applicable to proceedings under Rent Act...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii) -- Sub letting - Tenant doing business in shop jointly with his brother - Tenant also taking another shop on rent for business - Landlord neither pleaded that exclusive possession has been parted away by tenant in favour of sub tenant or that tenant has ceased to have any control over the shop in..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 25(2) -- Proviso - Power of Court to extend prescribed period of limitation on ground of availability of sufficient cause within meaning of Section 5 Limitation Act - Stands circumscribed by limitation imposed on power of High Court by Proviso to sub-section (2) of Section 25 - Discretionary power to condone..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5(2) -- Execution of order of eviction of unauthorised occupant - Application not required - No limitation for putting rightful owner in possession of public premises occupied by unauthorised occupant - Collector duty bound to evict person in unauthorised occupation and take possession of..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, Limitation Act, 1963, Article 137 -- Execution of order of eviction of unauthorised occupant - Warrant of possession issued in execution proceedings initiated before expiry of 3 years - Order could not be executed either for the reason that execution application dismissed in default or that..........
