East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Denial of ownership of Landlord-Tenant relationship and at same time an offer to pay arrears of rent `to avoid any legal complications', without seeking to indicate who accordingly to him is his actual Landlord, clearly goes to show that such plea being raised by Tenant is not genuine - Eviction upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Arrears of rent - Rent note - Could always be read for the purpose of assessment of a provisional rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Arrears of rent - Any dispute qua provisional rent - Can be raised only subsequently as assessment is clearly provisional made before commencement of evidence - No excuse is available to tenant at that stage for not depositing the rent - Failure to deposit same will invite eviction order...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex-parte order - Setting aside - Eviction order - Application filed after more than 3 years after ejectment order was passed - Attempts of tenant had been to delay proceedings by one way or other - It is by now more than 19 years after eviction order was passed in favour of landlords and at this stage, tenant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord cannot be deprived of using his own property only because it does not suit to the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Plea of concealment of material fact - It is apparent that landlord did not conceal anything as site plan shows that ownership over adjacent shop towards western side of demised shop - Landlord admission in cross-examination that he is having a vacant shop in his..........
West Bengal Premises Tenancy Act, 1997, Section 2(g) -- Eviction order - Death of tenant - Entitlement of protection to spouse of deceased tenant - Non-residential premises - Right of spouse not included so far non-residential premises is concerned in recognizing right of preference for tenancy in fresh agreement in respect of premises - Such exclusion of a spouse of a..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Punjab Rent Act, 1995, Section 3(1)(a), 75(2) -- NRI landlord - Eviction petition u/s 13-B of the Act instead of Punjab Rent Act - Amended Act of 1995 not applicable in the cases in which premises were rented out prior 30.11.2013 - Moreover, cases of NRI filed under the 1949 Act were protected by S.75(2) of 1995..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Non-payment of rent - Plea of tenant is that landlord is not proved to be owner as sale deed on basis of which landlord claims title, does not pertain to demised premises - However, there is no denial by tenant of fact that a rent note was executed between him and original owners of demised..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Unauthorised occupation - Petitioner in possession has been thrown out from the land upon which he has constructed his house - No evidence led by Gram Panchayat except site plan to prove that land in dispute is a pond on which petitioner is in unauthorized occupation - Moreover, Court below should..........
