Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Written statement - Eviction petition - Amendment at appellate stage - Tenant purchasing share from one of the co-owners - Seeking amendment of written statement, at appellate stage that eviction petition is not maintainable - Held, eviction petition against a tenant..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 7 -- Provincial Government shown to be owner in revenue record - Respondents claiming adverse possession for occupying the land for more than 30 years after the grant/gift by Maharaja of Kapurthala to their forefathers - Respondents shown in the revenue record as cultivators/deemed owners..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13 -- Shamlat Deh - Gram Panchayat moved application u/s 7 of the Act - Assistant Collector seeking eviction of petitioners on the ground that they are unauthorized occupants - Petitioners denied that land was shamlat deh, but taking plea that they are the owners of the same - Assistant Collector converted..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Petition for possession of land by Gram Panchayat - Respondents claimed themselves to be the owners of land - Held, it was incumbent upon the Collector to decide the question of title first - Without deciding controversy regarding title, Collector not competent to pass eviction order straight away -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Co-owners - Eviction petition at the instance of one co-owner is maintainable if other co-owner does not object to it...........
Rent and Eviction -- Sub letting - Two co-owners let out one shop consisting of two rooms - Sub letting in the year 1971 - Partition amongst co-owners in 1981 - Co-owners jointly filed eviction petition - Tenant liable to be evicted from both the rooms of shop - Plea of tenant that original tenancy was divided on account of partition hence eviction could be ordered only in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Co-owner - More than one co-owners - Any one of them can seek eviction of tenant for and on behalf of everyone...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), 13(B) -- Co-owners - Eviction petition by one of co-owners who let out the property - Eviction petition is maintainable - Objection by purchaser of property from one of the co-owners that petition cannot be prosecuted without his consent - Object not tenable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), 13(B), 2(b) -- Co-owners - One of the co-owners letting the house - Suit for eviction by co-owner who let the property - Consent of other co-owner not required - However when property owned by a number of co-owners and tenancy commenced at the instance of all co-owners, all co- owners will be treated..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Co-owners - One co-owner having another property in his name - It cannot be said that co-owner seeking eviction has no personal necessity moreso when other co-owner has no objection if he take possession of the demised premises and starts business for settling his son...........
