January 2019

East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Change in Stand–Expansion of Hospital—In the original petition, requirement was for construction of hall and canteen for indoor patients, whereas in the replication, it has been pleaded that it is required for outdoor patients—In evidence landlord has specifically pleaded the need for indoor and outdoor patients—Therefore, it cannot be held that landlord is changing its stand-Eviction directed

By | January 2nd, 2019|Punjab Rent Act|

Comments Off on East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Change in Stand–Expansion of Hospital—In the original petition, requirement was for construction of hall and canteen for indoor patients, whereas in the replication, it has been pleaded that it is required for outdoor patients—In evidence landlord has specifically pleaded the need for indoor and outdoor patients—Therefore, it cannot be held that landlord is changing its stand-Eviction directed

East Punjab Urban Rent Restriction Act, 1949, S.13—Eviction—Bonafide Need—At some places, the landlord is asking for bonafide requirement of both the sons, whereas in some part of the evidence he is pleading requirement of only one son—Held; it cannot be held that bonafide requirement is not proved.

By | January 2nd, 2019|Punjab Rent Act|

Comments Off on East Punjab Urban Rent Restriction Act, 1949, S.13—Eviction—Bonafide Need—At some places, the landlord is asking for bonafide requirement of both the sons, whereas in some part of the evidence he is pleading requirement of only one son—Held; it cannot be held that bonafide requirement is not proved.

December 2018

Eviction—NRI Landlord—Word ‘an owner’ used in Section 13-B cannot be interpreted to say that an owner should be absolute owner within the meaning of Transfer of Property Act

By | December 22nd, 2018|Punjab Rent Act|

Comments Off on Eviction—NRI Landlord—Word ‘an owner’ used in Section 13-B cannot be interpreted to say that an owner should be absolute owner within the meaning of Transfer of Property Act

East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Bonafide Need-Merely because landlady has sufficient resources at her disposal for surviving, cannot be used as a doubtful circumstance to hold that she does not require the premises–The Courts or the tenant have no jurisdiction to substitute their own opinion in place of the landlord—The jurisdiction of the court is only to examine whether the premises is a bonafide requirement or not.

By | December 13th, 2018|Punjab Rent Act|

Comments Off on East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Bonafide Need-Merely because landlady has sufficient resources at her disposal for surviving, cannot be used as a doubtful circumstance to hold that she does not require the premises–The Courts or the tenant have no jurisdiction to substitute their own opinion in place of the landlord—The jurisdiction of the court is only to examine whether the premises is a bonafide requirement or not.

Eviction—Other Buildings—Ownership of other properties is not material for examining the bonafide requirement—What is required is that the landlord is not occupying another building or has not vacated such building without sufficient cause in the said urban area

By | December 12th, 2018|Punjab Rent Act|

Comments Off on Eviction—Other Buildings—Ownership of other properties is not material for examining the bonafide requirement—What is required is that the landlord is not occupying another building or has not vacated such building without sufficient cause in the said urban area

Eviction—Nature of Building—Pleadings—There was no pleading that the shop is a part of a residential building—In the absence of such pleading the plea that eviction for non residential purpose cannot be sought cannot be taken in revision for the first time as this plea had not been raised before the Rent Controller Eviction—Nature of Building—In the absence of any zoning plan, scheme or notification proving the residential or non-residential character of a building, the purpose for which the demised premises was let out would determine its character as residential or non-residential

By | December 11th, 2018|Punjab Rent Act|

Comments Off on Eviction—Nature of Building—Pleadings—There was no pleading that the shop is a part of a residential building—In the absence of such pleading the plea that eviction for non residential purpose cannot be sought cannot be taken in revision for the first time as this plea had not been raised before the Rent Controller Eviction—Nature of Building—In the absence of any zoning plan, scheme or notification proving the residential or non-residential character of a building, the purpose for which the demised premises was let out would determine its character as residential or non-residential

Eviction–Bonafide Need-Admittedly, landlord was 80 years old and had already let out two other shops on rent-Since two sons of landlord had died so in order to maintain families of his son the desire of the landlord to set up business in the demised shop after getting it vacated, is legitimate and justified—Eviction petition allowed.

By | December 9th, 2018|Punjab Rent Act|

Comments Off on Eviction–Bonafide Need-Admittedly, landlord was 80 years old and had already let out two other shops on rent-Since two sons of landlord had died so in order to maintain families of his son the desire of the landlord to set up business in the demised shop after getting it vacated, is legitimate and justified—Eviction petition allowed.

Eviction—Pleadings—Landlady had concealed the existence of third shop and when confronted she did not accept the availability of said third shop–Eviction petition dismissed

By | December 9th, 2018|Punjab Rent Act|

Comments Off on Eviction—Pleadings—Landlady had concealed the existence of third shop and when confronted she did not accept the availability of said third shop–Eviction petition dismissed

Eviction—Impairing value and utility of building—Entire shop has been extended to main road by covering the entire parking area—Eviction upheld

By | December 1st, 2018|Punjab Rent Act|

Comments Off on Eviction—Impairing value and utility of building—Entire shop has been extended to main road by covering the entire parking area—Eviction upheld

November 2018

October 2018

Eviction Petition—Co-owner can always maintain a suit for eviction even though he was not receiving rent. Eviction Petition—Owner of premises is competent to maintain petition without impleading the landlord.

By | October 1st, 2018|Punjab Rent Act|

Comments Off on Eviction Petition—Co-owner can always maintain a suit for eviction even though he was not receiving rent. Eviction Petition—Owner of premises is competent to maintain petition without impleading the landlord.

Eviction—Mesne Profits—Premises taken on lease long back—Mesne profits payable by such tenant cannot be compared with the rent settled with tenants of adjoining or nearby shops. Eviction—Mesne Profits—Lease deeds produced by parties are only a guiding factor for the Court and are not to be blindly followed. Eviction—Mesne Profits—Lease deeds of banks—Not to be taken as exemplar because banks get many additional facilities while taking the premises on rent. Eviction—Mesne Profits—Escalation clause in the lease deed executed between the parties is adequate and reasonable factor to be considered while determining mesne profits.

By | October 1st, 2018|Punjab Rent Act|

Comments Off on Eviction—Mesne Profits—Premises taken on lease long back—Mesne profits payable by such tenant cannot be compared with the rent settled with tenants of adjoining or nearby shops. Eviction—Mesne Profits—Lease deeds produced by parties are only a guiding factor for the Court and are not to be blindly followed. Eviction—Mesne Profits—Lease deeds of banks—Not to be taken as exemplar because banks get many additional facilities while taking the premises on rent. Eviction—Mesne Profits—Escalation clause in the lease deed executed between the parties is adequate and reasonable factor to be considered while determining mesne profits.

September 2018

August 2018

May 2018

April 2018

March 2018

Eviction—NRI Landlord—Act of 1949 and 1995; where applicable—Those cases which were filed prior to 30.11.2013 would be taken up under the Act of 1949 and those which were filed after that date would have to be filed and proceeded under the 1995 Act, notwithstanding the date of the tenancy.

By | March 16th, 2018|Punjab Rent Act|

Comments Off on Eviction—NRI Landlord—Act of 1949 and 1995; where applicable—Those cases which were filed prior to 30.11.2013 would be taken up under the Act of 1949 and those which were filed after that date would have to be filed and proceeded under the 1995 Act, notwithstanding the date of the tenancy.

East Punjab Urban Rent Restriction Act, 1949, S-13-Eviction-Bona fide need- Landlord wanted to install X-ray machines in premises for his son

By | March 4th, 2018|Punjab Rent Act|

Comments Off on East Punjab Urban Rent Restriction Act, 1949, S-13-Eviction-Bona fide need- Landlord wanted to install X-ray machines in premises for his son

February 2018

The statement of the petitioner that he was getting profits of Rs.50/- per day is an indication that he sub-let the premises for valuable consideration because otherwise in a partnership there could never be a fixed profit-Eviction upheld.

By | February 28th, 2018|Punjab Rent Act|

Comments Off on The statement of the petitioner that he was getting profits of Rs.50/- per day is an indication that he sub-let the premises for valuable consideration because otherwise in a partnership there could never be a fixed profit-Eviction upheld.

NRI landlord-Non Resident Indian does not require to prove his Indian citizen also—Status of Non Resident Indian will be tested only on the origin of nationality of the landlord—A person who Is willing to come back to India who was born or whose parents were in the manner defined would continue to be a NRI

By | February 27th, 2018|Punjab Rent Act|

Comments Off on NRI landlord-Non Resident Indian does not require to prove his Indian citizen also—Status of Non Resident Indian will be tested only on the origin of nationality of the landlord—A person who Is willing to come back to India who was born or whose parents were in the manner defined would continue to be a NRI