Civil Procedure Code, 1908, Section 151, Order 14, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Framing of additional issue - Dismissal of application - Eviction petition - On ground of personal necessity - Issues have to be framed to determine controversy between parties and relevant issue would be whether landlord is entitled to seek eviction on ground..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of ejectment petition - If application for amendment of ejectment petition seeking to incorporate necessary ingredients of S.13 of the Act is to be allowed, landlord must satisfy the Court that despite due diligence, necessary ingredients of S.13 of the Act..........
Civil Procedure Code, 1908, Section 11, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Res judicata - Eviction petition - Previous eviction petition dismissed as erstwhile landlady/deceased sought possession of demised premises which is a commercial property by claiming that it was required by her for `residential purposes' which concerned Courts naturally..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction - Impleadment of Necessary Party - In absence of any rent receipt or rent agreement, respondent no.3, can only be termed as stranger - Landlord is dominus litis and cannot be compelled to face litigation against stranger by impleading him as a party against..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 2 -- Eviction order - Execution proceedings - Application U.O.21.R.2 CPC - Dismissal of application - Courts below rightly stated that objections have been filed with a malafide intention only with a view to delay execution proceedings - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Application for amendment filed at belated stage when case fixed for evidence of petitioner - Furthermore, application filed U.O.6.R.17 CPC does not disclose as to why these..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for eviction - Bonafide need - Exparte order of eviction during pendency of first proceedings - Setting aside of - There is sufficient explanation for non-appearance of petitioners in present proceedings - Petitioners had deposited the arrears of rent and mesne..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dismissal of application - Eviction petition - If condition of demised premises is not as landlord claims it to be, tenant could easily lead photographic evidence to prove the same and if at that stage Rent Controller comes to..........
Civil Procedure Code, 1908, Section 151, East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Additional evidence - Dismissal of application - Eviction petition - Petitioner/landlady wishes to produce jamabandies to prove her title over demised premises and site plan to prove identity of said premises - There is nothing on record to indicate that petitioner has..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Order 6, Rule 17, Punjab Rent Act, 1995, Section 38, 65 -- Eviction petition u/s 13-B of East Punjab Urban Rent Restriction Act - Leave to contest - Amendment of plaint allowed for converting petition under East Punjab Urban Rent Restriction Act to Punjab Rent Act - Subsequent..........
