Punjab Security of Land Tenures Act, 1953, Section 14A, 9, 10 -- Tenant in order to avail of protections provided under the Act and Rules - Must pay rent regularly - Act casts a duty on tenant to pay rent due to landlord promptly and punctually - Tenant who neglects duty to pay rent and commits a default in payment of rent without sufficient cause - Must bear the..........
Constitution of India, 1950, Article 226 -- Certiorari jurisdiction - Ambit and scope of - Finding recorded by Financial Commissioner on issue of default (in payment of rent) - A pure finding of fact - Interference rightly declined...........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) -- Form L - Application for ejectment of tenant on ground of failure to pay rent without sufficient cause - Finding that there was no sufficient cause for non - payment of rent by tenant recorded by Assistant Collector, Collector, Financial Commissioner and Single Judge upheld by Division Bench in 1999 (1) PLJ 116 -..........
Rent and Eviction -- Bona fide requirement - Concurrent findings of lower Courts that landlord bona fide required suit premises for his Son's business - High Court reversed findings holding that another shop fell vacant in 1976 which could have been retained for business of son - Not sustainable - Suit itself was filed in 1979 - In 1976 landlords' son did not complete his..........
Punjab Tenancy Act, Section 77(3)(d), 8 -- Suit in Civil Court for declaration that plaintiffs by virtue of perpetual lease on nominal rent are occupancy tenants and have become owners under Section 3 of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act and for injunction restraining Union of India and others from cancelling lease and dispossessing plaintiffs..........
Rent and Eviction -- Bona fide requirement of landlord - Requirement must not only be bona fide but also be reasonable - Comparative hardship to be seen - Landlord and tenant residing in the same building - Family of landlord comprising of himself, his wife, two grown-up daughters and two minor children and also widowed mother often staying - Family of tenant comprising..........
Karnataka Rent Control Act, 1961, Section 50(1), Civil Procedure Code, 1908, Section 115 -- Revision - Scope of High Court's power under the two statutes - Comparison...........
Indian Penal Code, 1860, Section 406, 408, 409 -- Managing Director given rent free furnished flat, to use it till he was with the Company - Expiry of his period of appointment - Failure to hand-over possession of flat by him - Company filed complaint against him under S.630 of Companies Act and Ss.406, 408 and 409 IPC - Magistrate discharged appellant on ground that..........
Punjab Security of Land Tenures Rules, 1956, Rule 20A, 20B, 20C, 20D - - Surplus land has to be allotted to a tenant already ejected or likely to be ejected for resettlement - After allotment of surplus area to a tenant - Certificate in Form K-6 describing clearly land allotted is issued, copies whereof sent to Patwari concerned as also landowner on whose land tenant is to..........
Haryana Urban Development Authority Act, 1977, Section 17, 18 -- Resumption order passed after compliance with requirements of Section 17 - Not at all necessary for Authority to resort to proceedings under Section 18 for purpose of ordering resumption - Section 18 attracted only when a person has to be evicted from premises on account of his failure to pay rent, subletting..........
