Arbitration and Conciliation Act, 1996, Section 8 -- Eviction proceedings - Reference to arbitration - Permissibility - Held, Rent Controller are statutory authorities set up for purpose of adjudicating landlord-tenant disputes - Jurisdiction of these adjudicators cannot be by passed by an arbitration intervention through provisions of Arbitration and Conciliation Act...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Eviction - Assessment of provision rent - Tenant was in arrears of rent w.e.f. April 2001 to November 2002 - Tenant disputed relationship of landlord and tenant - Held, Rent Controller was not required to assess provisional rent - Ejectment proper...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Eviction - Non-payment of rent - Petitioner/tenant was in arrears of rent w.e.f. April 2001 to November 2002 - Execution of lease deed had been duly admitted by petitioner but it had taken up plea that it was result of mis-representation - Petitioner failed to establish said plea - Held, since..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Non-payment of rent - Tenant failed to establish that he had paid rent w.e.f. 24.08.1998 to 12.11.2005 - He was granted one month's time by Rent Controller to make up deficiency in arrears of rent - Tenant failed to do so - Held, eviction proper - Petition dismissed...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 2(g), 2(e), 4, 5, 7, Maharashtra Rent Control Act, 2000, Section 3(1)(b) -- Tenant of Private Limited Company protected under Rent Act - Company became Govt. company and Public Premises Act became applicable - Eviction of tenant - Remedy is to resort to procedure available under Rent Act and not by..........
Rent and Eviction -- Tenant in possession after expiry of lease period - Mere acceptance of rent for subsequent months in which lessee continued to occupy the lease premises cannot be said to be a conduct signifying "assent" to continuance of the lease, after expiry of lease period...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Ejectment - Personal necessity - Landlord sought eviction of tenant on ground of personal necessity to expand his business - Some of the tenants had already vacated portion in their occupation - Landlord wanted to renovate entire building and run his business in same - Held, landlord is the best judge qua his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Eviction - Personal use and occupation - Eviction sought on ground of personal use and occupation - Landlord wants to settle his son in disputed shop - Contention of tenant that landlord's son is residing in Mohali whereas disputed shop is situated at Kotkapura and that son is not dependent upon landlord..........
Rent and Eviction -- Failure to vacate - Damages - If a tenant agrees to pay rent for the period after the expiry of the term of lease, even if at an astronomical rate, it is bound thereby - There is no bar to a prospective tenant agreeing to pay rent at rates which may be far above the rates prevalent in the market and if it does so, it is bound by the said agreement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction - Contention of tenant that for filing petition u/s.13A of the Act landlord was required to be owner of premises for at least one year - Held, since no such words used by legislature u/s.13-A of the Act, therefore, Court cannot take upon itself work of legislature and traverse beyond its own scope of..........
