East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction proceedings - Assessment of arrears of rent - Duty of appellate authority - Held, appellate authority while reversing finding recorded by Rent Controller and holding that rent was outstanding from December, 1995 to October, 1998, was required to assess arrears of rent along with interest and costs..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Evidence of attorney - Attorney, husband of landlady, stepped into witness box to support her case - He had personal knowledge of requirement of landlady - Held, husband is competent to depose on behalf of his wife to prove her need...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Contention that respondent-landlady was already sharing accommodation with her husband and therefore, having already suitable accommodation, her need cannot be said to be bona fide - Held, house of husband of respondent cannot be considered to be her own house and she has prerogative to get..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction proceedings - Provisional rent - Assessment of provisional rent @ Rs.11,000 P.M. - Contention of petitioner that she has taken demised premises at monthly rent of Rs.5,000/- - Held, this question can be determined only after leading evidence by parties - Moreover, issue regarding arrears of rent is still..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bonafide requirement - Held, landlord is the best judge of his/her needs and a tenant cannot dictate his terms with regard to suitability and sufficiency of accommodation in this regard...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bonafide requirement - Proof - Both sons of respondent-landlady are employed and they want to start business in demised premises - Contention of petitioner-tenant that since both sons are employed, therefore, there was no necessity for them to start business - Held, it is for landlady as to how she is..........
Punjab Land Revenue Act, 1887 -- Demand notice - Recovery of public money - Excess amount of compensation taken by petitioner on account of land which has already been acquired has been re-paid by him in short intervals - Interest charged @ 10.5% P.A. on account of fact that he had used Govt. money for 5 years and did not disclose it to authorities himself till it was..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(1)(b) -- Ejectment proceedings - Appeal - Condonation of delay - Delay of 7 days in filing appeal - Copy of prescription slip produced by landlord-petitioner whereby he was advised bed-rest due to his ailment - Held, it could not be said that landlord-petitioner was negligent or careless in pursuing litigation -..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 21(1), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 18 -- Whether in a petition u/s.42 after expiry of more than three decades from the date, when consolidation scheme was sanctioned, an application for variation in scheme is permissible? -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - NRI - As per interpretation by Supreme Court in Baldev Singh Bajwa v. Monish Saini, 2005(2) RLR (S.C.) 488 landlords are NRIs and fulfill all necessary ingredients for granting them benefit u/s.13-B - Contention of petitioner/tenant that landlords are not NRIs as the question as to..........
