Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Tenant by way of amendment wanted to raise two preliminary objections - One of preliminary objection was that defendant no.2 has not pleaded about her not owing any premise in same urban area - However, since tenant had already mentioned about her ownership of premises..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex-parte order - Setting aside - Eviction order - Application filed after more than 3 years after ejectment order was passed - Attempts of tenant had been to delay proceedings by one way or other - It is by now more than 19 years after eviction order was passed in favour of landlords and at this stage, tenant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Fixation of mesne profits - Once ejectment of tenant is directed landlord is not bound by contractual rate of rent effective for period preceding date of decree - Tenant is liable to pay mesne profits or compensation for use and occupation of premises at same rate at which landlord would have..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Ejectment of tenant u/s 13-B of the Act, is once a lifetime benefit given to NRI for his/her bonafide requirement...........
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..........
