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..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Decree for eviction - Three plaintiffs applied jointly for decree - Trial Court ought to have passed decree in favour of plaintiffs jointly - However, trial Court passed a decree specifically in favour of second plaintiff - First plaintiff had no requirement of suit premises - Reasonable requirement of third..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Landlord seeking to adduce photograph of house, information regarding electricity connection to establish acquisition of two houses in vacant state by tenant as acquisition of said land was not in the knowledge at the time of judgment of trial Court - Said evidence is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought after about 30 years of filing written statement, which was not bonafide - It was an mala fide attempt with an intent to delay disposal of case - Application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by sub-tenants - Enquiry U.O.21.R.97 CPC - Sub-tenants have no independent right or title - Their interest is only under JD - Executing Court not required to hold enquiry, as only if obstructor has semblance of right, interest or title superior to that of DH and if application..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objections - Enquiry U.O.21.R.97 CPC - Holding an enquiry may not be necessary if it can be made out apparently that obstruction is caused at the instigation of JD or on his behalf or by transferee from JD either during pendency of a suit or execution proceeding...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by sub-tenants - Sub-tenants contended that sub-letting is lawful as per Karnataka Rent Act - Contention rejected, as suit was filed seeking eviction of JD by terminating tenancy u/s 106 of T.P Act, therefore, provisions of Karnataka Rent Act held, not applicable...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1(c) -- Review - Suit for eviction - Appellate Court not considered issue of bonafide need and relative hardship of landlord - Also it should not have reversed finding of Prescribed Authority - In absence of error apparent on face of record - Review petition, not maintainable...........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2), Indian Penal Code, 1860, Section 420, 468, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 60(3), 31(2) - - Double jeopardy - Forgery and tax evasion - Separate proceedings initiated against accused for evasion of tax under IPC and Act of 2005 - Maintainability - As..........
Rent and Eviction -- Rate of rent - Findings recorded by trial Court regarding rate of rent based on evidence brought on record - Adverse inference is drawn against tenant by trial Court that he had not produced diary acknowledging entry of payment of rent made by landlord - Trial Court after appreciation of evidence coming to conclusion that rate of rent is Rs.1500/- p.m..........
