East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent/provisional rent - In case tenant does not deposit rent so determined on or before first hearing of application for ejectment, he is entitled to be evicted on ground of non-payment of rent/provisional rent determined by Rent Controller...........
Eviction -- Arrear of rent - Plaintiffs filed suit claiming possession and ejectment of defendant no.1 - Defendant no.2 claimed that he is owner in possession and he had purchased the same from `J' and plaintiffs are neither owners nor in possession over the shop which defendant purchased by virtue of sale deed - However, perusal of decree passed in favour of `J' and `R'..........
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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Rent and eviction - Bonafide requirement - Non disclosure of alternate accommodation by son of landlord - Son not required to plead all ingredients as he himself is not landlord and that in case son appears in witness box and depose on oath that he does not own or possess any other non-residential..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Warrants of possession - Once the original tenant chose not to contest application for ejectment, any occupant of premises would not be entitled to do the same - Warrants of possession rightly issued...........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Eviction suit - DW1 categorically denied of having been sought to be served any notice for ejectment - Onus lies upon plaintiff to prove that notice was sought to be served upon defendant - Except producing envelope containing endorsement of `Refusal' to rebut evidence of defendant that he did not receive..........
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..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Revocation of licence - Seeking vacant possession of house - Plaintiff purchased 3-3/4 share out of 7 Marlas of land - Plaintiff thus became co-sharer - Remedy for him is to seek separate possession by way of partition - Till then he cannot seek ejectment of defendant by branding him to be licensee - Suit is..........
Rent and eviction -- Determination of lease due to efflux of time - After lapse of lease period, if a lessee continues in possession of demised premises in absence of an assent by lessor, then he is a tenant by sufferance and exposes himself to be sued for ejectment at any time without any prior notice or demand of possession...........
Rent and Eviction -- Property tax recoverable from tenant u/s 67(3) of the New Delhi Municipal Council Act, 1994 as arrears of rent by the landlord/owner - Cannot be considered to be forming part of the rent for the purpose of seeking eviction or ejectment of such tenant who defaults in payment of such recoverable tax as rent...........
