East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Eviction - Sub-letting - Landlord has to prove that, (a) the alleged sub-tenant is in exclusive possession of the whole or part of the tenanted premises; (b) that the tenant has parted with the legal possession of the premises; and (c) such parting with possession is for some consideration...........
Evidence Act, 1872, Section 116 -- Estoppel - A person inducted as tenant by appellant - He is estopped from attorning any other as landlord...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- As in P&H - Arrears of rent - Failure to deposit admitted rent - Striking off defence - Summons stated only a date of appearance and not date of hearing - Trial Court refused to strike off defence for more than one valid reason - High Court in revision struck off the defence - Held, High Court has no justifiable reason to..........
Civil Procedure Code, 1908 -- ( as applicable to the State of Punjab, Haryana and Chandigarh) - Order XV ,R. 5 - Striking of defence - The trial court accepted the deposit of arrears of rent by the tenant - Prayer of landlord for striking oFf defence for non-deposit of rent rejected - Order of the trial court upheld as the serious question of jurisdiction of the Civil..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Non joinder - Effect - No proof that tenant died leaving an heir - Suit not liable to be dismissed on ground of non joinder of necessary parties...........
Punjab Security of Land Tenures Act, 1953, Section 12, Punjab Tenancy Act, 1887, Section 13 -- Conversion of fixed rent into 1/3rd batai - Custom in the region to apportion the crop between tenants and landowners on one - third basis - A better way of distributing the produce rather than keeping it on fixed basis - Also takes into account periodical damage to the crops..........
Rent and Eviction -- Partnership - Sub letting - Presence of tenant is not necessary at the suit premises - Mere absence of tenant at the rented premises is not sufficient to hold that legal possession has been parted with by the tenant - For that purpose, other factors have to be taken into consideration - One of them is that the partnership deed is required to be looked..........
Rent and Eviction -- Partnership - Sub letting - Tenant creating partnership with four others with 20% share - No evidence that tenant parted with possession of shop - Sub letting cannot be inferred on the basis that tenant is not found sitting on place of business. (Bombay, Rents, Hotel and Lodging House Rates Control Act, 1947, S.13(1)(e)...........
Rent and Eviction -- Sub letting - Onus to prove - Is on the landlord to prove that legal possession has been parted with and the tenant has no interest in the business carried on by some other persons. (Bombay, Rents, Hotel and Lodging House Rates Control Act, 1947, S.13(1)(e).)..........
Rent and Eviction -- Sub letting - Onus to prove - When landlord makes out a case that suit property is being used by persons other than the tenant, it is for the tenant to prove that he has not parted with legal possession of the premises - Burden of proving a fact is on the person who is within the knowledge of that fact. (Evidence Act, 1872, S.106)...........
