East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Title dispute - Dispute of title between co-owners - Same is stated to be pending in second appeal - Held, pendency of such appeal would have no bearing on eviction proceedings - Eviction proper - Petition dismissed...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 16(ii), Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5 -- Eviction proceedings - Mushtarka Malkan - Land in dispute recorded as Mushtarka Malkan i.e...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii)(b) -- Eviction - Not occupying any other rented land - The possession of a property which is put to some other use or a possession of vacant land that is not used as a non residential building is immaterial...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii)(b) -- Eviction - Not occupying any other rented land - A mere possession of some other property which may not be suitable, not a disqualification for seeking eviction of tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii)(b) -- Eviction - Not occupying any other rented land - Confined only to such of those buildings which are bound to be disclosed and state as to how they are not fit for his occupation...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii)(b) -- Eviction - Not occupying any other rented land - If only there is yet another non residential building, which is vacant that can be occupied by the landlord or there is yet another non residential building which he had vacated only in order to claim ejectment, it could be stated that the landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii)(b) -- Eviction order - Sufficient time to vacate - Tenant carrying on business for several decades and if he be made to vacate, he will be put to great hardship - Tenant to vacate within 12 months on condition that he gives an undertaking before the Court that he will pay an amount of Rs.1,000/- pm. and..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Non-payment of rent - Order of assessment of provisional rent - Validity - False plea taken by petitioner-tenant that there being no relationship of landlord and tenant between parties - Respondent-landlord placed on record copy of suit in which petitioner-tenant has categorically admitted execution of a rent..........
Criminal Procedure Code, 1973, Section 145 -- East Punjab Urban Rent Restriction Act, 1949, S.13(2)(i) - Eviction - Tenancy - Whether proceedings u/s.145 Cr.P.C. will have any bearing to rent control proceedings? - Held, it has to be always seen in context in which order is sought to be issued - There could be no rule of thumb that S.145 Cr.P.C. will have no meaning to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide requirement - Held, if all co-owners as landlords were joining to file petition for requirement of one of them and tenant was able to show ownership of one of petitioners-landlords in respect of two other building, it was bound to be explained by landlord as to how other two shops..........
