Tenant -- of mortgagee in possession not entitled to protection of Rent Control Legislation on redemption of mortgage. (Rajasthan Premises (Control of Rent & Eviction) Act, 1950, S.13)..........
Rent and Eviction -- Unfit and unsafe for human habitation - The mere fact that extensive repairs can make the same fit for habitation, no ground to refuse ejectment of the tenant - Tenant's application for repairs rejected and ejectment ordered. (East Punjab Urban Rent Restriction Act, Ss.12, 13)..........
Punjab Tenancy Act, 1887, Section 77, Civil Procedure Code, 1908, Section 11 -- Decision of Revenue Court upon relationship of landlord and tenant between the parties - Does not operate as res judicata- Open to challenge in a subsequent civil suit or any other collateral proceedings between the parties - Not open to Revenue Court to go into question whether a person is a..........
Punjab Tenancy Act, 1887, Section 77 -- Determination whether a person is a tenant or not or whether a person is a landlord or not - Not Within jurisdiction of Revenue Court - If dispute as to nature of relationship of landlord and tenant between the parties - Revenue Court has no jurisdiction - Relationship of landlord and tenant when admitted and accepted - Remedies and..........
Punjab Security of Land Tenures Act, 1953, Section 17A, 21A, 15(1) - - Improvement in status of vendee through the same transaction a part of which not preemptible - Can be taken into consideration - Preemption suit by co-sharer- Vendee-defendant in possession of a part of land as tenant- Sale qua that part of land not pre-emptible in view of provisions of Section 17-A..........
Rent and Eviction -- Materially impairing the value and utility - Onus of proof - Once it was established that there existed a verandah in the shop onus lay heavily on the tenant to show what happened to it. (East Punjab Urban Rent Restriction Act, S.13 (2)(iii)...........
Rent and Eviction -- Tenant has ceased to occupy the building - Meaning - Physical possession of tenant is not essential requisite - As there being no material on record to show that business was being carried on by someone for or on behalf of tenant. It was established that tenant had ceased to occupy the shop. (East Punjab Urban Rent Restriction Act, S.13(2)(v)...........
Rent and Eviction -- Tenant purchased property in his occupation inspite of the knowledge of agreement to sell between landlord and plaintiff - Not a bonafide purchaser without notice - Suit for specific performance decreed-possession of the portion over which the tenant is in occupation - His possession as a tenant cannot be disturbed except under the provisions of Rent..........
Specific Relief Act, 1963, Section 19 -- Subsequent purchaser - Bonafide purchaser without notice - Where the tenant had knowledge of agreement to sell bet-ween the landlord and plaintiff and yet purchased a portion of the property, he is not a bona fide purchaser without notice...........
Rent and Eviction -- arrears of rent - not tendered in full on the first date of hearing - tenant liable for eviction (S.13 E.P.U.R.R. Act)..........
