East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 22, Rule 4-A -- Death of tenant during pendency of appeal - Tenant issueless widower - Nephew of deceased seeking impleadment as L.R. - Landlord filed application for appointing an officer of court U.O.22.R.4-A CPC to represent the estate of deceased tenant and hand over vacant..........
Punjab Municipal Act, 1911, Section 3(1)(b) -- House tax - Assessment - Vires of S.3(1)(b) as introduced by Amending Act, 1994, questioned - Earlier house tax was assessed on gross annual rent reasonably expected to be let from year to year whereas by the amending Act in 2004, actual rent received was to be taken as value for assessing the house-tax - Held, amending Act..........
Punjab Municipal Act, 1911, Section 3(1)(b), East Punjab Urban Rent Restriction Act, 1949, Section 4, Amending Act of 1994, Section 3(1)(b) -- Assessment of tax - Challenged against constitutional validity of S.3(1) (b) introduced by Amending Act of 1994 on ground that amended provision ultra vires the provisions of S.4 of Rent Act of 1949 and thus no assessment can be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(1)(a) -- Death of tenant - After death of father (tenant), both the sons became tenants and started running business in partnership - Held, merely because one of the sons was doing independent business along with partnership business, it could not be said that there was any sub letting...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Unfit and unsafe - Major portion of the building i.e. whole of chobara had fallen down - Building quite old - Held, whole of the building to be treated as unfit and unsafe for human habitation...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Provisionally assessed rent - Non compliance - Eviction ordered - Plea of tenant that assessment order did not specify the period for which the provisionally assessed rent was payable - Held, if tenant had a grievance or ambiguity against assessment order, it was for him to have either applied for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Bona fide requirement - Requirement of son, an Advocate, to use it as office - Landlady owning number of other properties but not so pleaded - Son of landlady testifying that the other properties owned by his father - Held, property owned by a spouse cannot be considered to be a property owned by the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Bona fide necessity - Area presently in occupation of landlady has no kitchen - Held, residential building must necessarily have an area where the landlady has a kitchen at her disposal - A landlady cannot be told by tenant that accommodation of only two rooms is sufficient for her use, even..........
Punjab Tenancy Act, 1887, Section 5(2) -- Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 - Predecessors of plaintiff, and after them, plaintiff in possession of suit land since 1954-55 as gair maroosi on payment of Rs.72/- as lease money for one year - Amount of Rs.72/- as lease money admittedly in excess of land revenue and rates and cess of the suit..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, 13B -- Ejectment petition by NRI landlord on ground of personal necessity - Earlier also landlord filed eviction petition on ground of personal necessity - That petition came to be negatived - Landlord petitioner acquired title long after the same had been rented out to the respondent-tenant - Controversy about the..........
