East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - Leave to contest - Tenant is entitled to leave to contest only if he makes a strong case to challenge those grounds and is able to show (i) Landlord is not NRI landlord; (ii) Landlord is not owner of premises; (iii) Landlord is not owner for last 5 years before institution of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction on ground of non payment of rent - Compromise during pendency of appeal - Tenant granted time to vacate in the year 2004 - During this period premises brought out of Municipal Area and Rent Act became inapplicable - In execution objection of tenant that Rent Controller has no power to execute the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Bonafide requirement - Rent of premises Rs.2640/- p.m. - During pendency of eviction petition government issued notification exempting buildings fetching monthly rent exceeding Rs.1500/- from the provisions of Rent Act - Landlord withdrew the eviction petition - Notification quashed -..........
East Punjab Urban Rent Restriction Act, 1949 -- Civil Procedure Code, 1908 - General provisions of Code of Civil Procedure, 1908 apply to proceedings before Rent Controller, though strictly the Code as such is not applicable...........
East Punjab urban Rent Restriction Act, 1949, Section 13(2)(i), 13(3)(a)(i) -- Bonafide requirement and non payment of rent - Tenant inducted by previous owner - Tenant claiming that he was inducted not by the previous owner but by the prospective vendee - Affidavit of prospective vendee that he is a tenant in the premises - Held, tenant cannot be permitted to turn around..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Bonafide requirement - Rent of premises Rs.2640/- p.m. - During pendency of eviction petition government issued notification exempting buildings fetching monthly rent exceeding Rs.1500/- from the provisions of Rent Act - Landlord withdrew the eviction petition - Notification quashed -..........
East Punjab Urban Rent Restriction Act, 1949 -- Civil Procedure Code, 1908 - General provisions of Code of Civil Procedure, 1908 apply to proceedings before Rent Controller, though strictly the Code as such is not applicable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NIR landlord - Bona fide requirement - Leave to contest - If leave to contest is granted then procedure is the same as for the disposal of application by the Controller - Rent Controller has to reach the conclusion, on the basis of pleadings and affidavit of the parties, that the landlord bona fide requires the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NIR landlord - Bona fide requirement - Leave to contest - At the stage of granting leave, real test should be whether facts disclosed in the application/affidavit seeking leave to defend prima facie show that landlord would be disentitled from obtaining an order of eviction and not whether at the end the defence..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NIR landlord - Bonafide requirement - Leave to contest - Landlord owned and possessed another house in the same urban area - Nothing said by landlord as to what was the ground of preference for getting the demised promises vacated - From the affidavit of the tenant it prima facie stands proved that landlord shall..........
