Haryana Public Premises (Eviction and Rent Recovery) Act, 1972, Section 5, 7, Constitution of India, 1950, Article 226 - - Unauthorized occupants - Petitioners are in unauthorized possession over land which belongs to State of Haryana - They knew very well that they are in authorized possession but instead of accepting this fact they contested application with tooth and..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, 11 -- Ejectment - As per revenue record Gram Panchayat was owner of `Banjar Qadim' land and petitioners were in forcible possession - Petitioners failed to prove any of conditions to exclude ownership of Gram Panchayat from disputed land - Held, such land would be deemed to have been vested in Gram..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, 11 -- Shamilat deh - Unauthorized possession - Ejectment proceedings - Title dispute - Held, if petitioners were claiming ownership of land in dispute, then indeed they should and ought to have filed their claim and got decided question of title over it during course of ejectment proceedings, as..........
Co-owner -- Suit for possession - Held, any one of the co-owners can sue successfully in ejectment or recovery of possession of whole of the property...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Eviction - Personal necessity - Held, landlord need not prove his financial status or explain business to be set up by him while seeking ejectment on ground of personal necessity to run his own business from demised premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Ejectment - Specified landlord - Bona fide requirement - Landlady sought eviction on ground of personal necessity of her own use and occupation - Landlady is owner of demised premises and even rent note was executed by her alone - She fulfills all other necessary ingredients entitling her to get vacant possession..........
Punjab Security of Land Tenures Act, 1953, Section 14A -- Ejectment - Computation of rent - Application for - Rejection of - Validity - No evidence had been led and matter was fixed for evidence - Held, it was duty of Assistant Collector to have considered application moved by petitioners, computed rent due and then given 15 day time to petitioners to pay same - Matter..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 5 -- - Eviction - Unauthorized occupants - After 31.05.1995, respondents have been in gratuitous possession of land and have not paid a single penny for use thereof - Held, even equity is not in their favour - Impugned order of appellate authority liable to be set aside - Ejectment order passed by..........
Constitution of India, 1950, Article 226, Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Ejectment - Right to shelter - After passing of order by Collector, Gram Panchayat sent notices to private respondents to deposit amount for land in their possession - Price of land was assessed through BDPO and private respondents deposited said amount - Gram..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Presumption of payment of rent - Held, simply because landlord had not initiated eviction proceeding for six years, by itself is not sufficient to hold that tenant had been paying rent - Payment of rent has to be proved by tenant - No such presumption can be raised on account of delay in..........
