Rent and Eviction -- Petitioner retired from Army service - Leave to defend - Principles - Rent Controller is not required to examine the issue from the point of view of the ultimate proof which the tenant may product - Essential requirements of S.13-A of Rent Act clearly set out in eviction petition supported by an affidavit - No case of grant of leave to contest the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iia), 3 - - Allotments/transfers of Shamlat Deh made before cut off date i.e. July 9, 1985 (date of pronouncement of orders by Supreme Court in Gram Panchayat Jamalpur's case 1985 PLJ 463) - Saved and regularised - All rights, title and interest of Panchayats in evacuees share in Shamlat Deh as from..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13B -- Rules 19 & 20 - A conjoint reading of the provisions clearly indicate that the conspectus of the operation of the Act is intended to have unauthorised occupants ejected by specified officer who is invested with power and jurisdiction to evict unauthorised occupants from the possession of the lands vested..........
Rent and Eviction -- Additions and alterations - Whether materially impaired the value and/or utility of the premises - It is a mixed question of law and fact. (East Punjab Urban Rent Restriction Act, 1949, S.13(2)(iii)...........
Rent and Eviction -- Additions & alterations - Ground of eviction of tenant on this ground is available if it is established that the tenant has committed such acts as are likely to diminish the quality, strength or value of the building or rented land to such an extent that the intrinsic worth or fitness of the building or the rented land has considerably affected its use..........
Rent and Eviction -- Material alterations - Meaning - If the tenant commits such acts as are likely to diminish the quality, strength or value of the building or rented land to such an extent that the intrinsic worth or fitness of the building or the rented land and has considerably affected its use for some desirable purpose then it amounts to material alteration -..........
Rent and Eviction -- `Impair' - Meaning - The term impair cannot be said to have fixed meaning - It is a relative term affording different meaning in different context situations. (East Punjab Urban Rent Restriction Act, 1949, S.13(2)(iii)..........
Punjab Municipal Act, 1911, Section 4(2), 4(9), 5, 6 -- Punjab Gram Panchayat Act, 1952, Ss.2(mm), 4(2) & 5 - Punjab Village Common Lands (Regulation) Act, 1961 - Shamlat deh - Notification extending Municipal limits over part of Sabha area - That part of Sabha area forms part of municipality from the date of issuance of notification - Right, title and interest over that..........
Evidence Act, 1872, Section 11 -- Estoppel - Pre-emption - When the purchaser buys property relying on an implied assurance of the pre-emptor that he will not pre-empt, the purchaser can invoke the doctrine of estoppel against the pre-emptor.(Punjab Pre-emption Act, 1913, S.15)..........
Punjab Pre-emption Act, 1913, Section 15 -- B sold land, in specie, to the strangers to the family - Having inducted the strangers into the property he cannot object to his vendees selling the property to the third parties and claim right of pre-emption from them - Held, Court can take judicial notice of the law prevailing on that day and mould the relief on the basis of..........
