East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Co-owner - An order of ejectment obtained by a NRI - Co-owner will bind other co-owners but will not entitle other NRI and/or a co-owner to seek ejectment of tenant from another building either owned solely by such co-owner or jointly with other persons as co-owner in exercise of right of eviction..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Eviction petition filed by landlord through attorney on ground of bona fide necessity of son to set up hospital at Jalandhar, though son already running hospital at Ludhiana - Tenant contended that landlord had renounced world and there is no evidence on record of any correspondence between father and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a), Civil Procedure Code, 1908, Order 41, Rule 27 -- Eviction of tenant sought on the ground of sub-letting - Eviction order passed - In first appeal sub tenant sought to produce evidence to substantiate his claim that he is direct tenant - Production of additional evidence rejected by Appellate Court -..........
Civil Procedure Code, 1908, Section 11, Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5 -- Res judicata - Unauthorized occupants - Ejectment of tenant - Application for ejectment was previously dismissed on the ground that tenants were not in unauthorized and the payment of leases showed that there had been a continuation of lease and that..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, Transfer of Property Act, 1882, Section 117 -- Agricultural land - Lease for agricultural purpose - Ejectment of tenant - Applicability of provisions of TP Act, 1882 - Held, by virtue of S.117 of TP Act, 1882, provision relating to eviction contained in the Act are not applicable to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - Allowed by Rent Controller set aside by High Court - High Court has not granted liberty to agitate other grounds to seek leave to defend - Held, once leave to defend application stands dismissed by Court, no option left for Rent Controller, but to pass an order of eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- inserted by Punjab Act No.9 of to Chandigarh - Extension of ,S. 13-B - Held, extension by way of notification by Central Government to the urban area of Chandigarh cannot be said to be illegal in any manner...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Unfit and unsafe - Eviction order passed by Rent Controller only on the ground that building has become unfit and unsafe for human habitation - Appellate Authority passed eviction order on the ground of personal necessity, non payment of rent and that premises has become unfit and unsafe for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order passed by Rent Controller as well as by Appellate Authority - In revision counsel for tenant made prayer for time to vacate demised premises so as to make alternative arrangement to which counsel for landlord had no objection - Petition disposed of with direction to tenant to vacate tenanted..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional rent - Assessment - 2011(2) Civil Court Cases 290 (P&H) followed wherein it was held that Rent Controller to asses exact amount of arrears of rent, exact amount of interest and total amount to be tendered by tenant on date fixed - Dictum of Directors not followed - Impugned order set aside...........
