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|

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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

Eviction—Supplementary Affidavit—Tenant can be permitted to file supplementary affidavit, when affidavit in examination-in-chief has already been filed in the interest of justice as no strict procedure of the CPC is applicable to proceedings under the Rent Act.

By | February 23rd, 2018|Punjab Rent Act|

Comments Off on Eviction—Supplementary Affidavit—Tenant can be permitted to file supplementary affidavit, when affidavit in examination-in-chief has already been filed in the interest of justice as no strict procedure of the CPC is applicable to proceedings under the Rent Act.

Eviction—Provisional Rent—To challenge the period of arrears of provisional rent assessed even in the appeal against the order of eviction the order of deposit of provisional rent as assessed by rent controller must have been complied with.

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

Comments Off on Eviction—Provisional Rent—To challenge the period of arrears of provisional rent assessed even in the appeal against the order of eviction the order of deposit of provisional rent as assessed by rent controller must have been complied with.

January 2018

December 2017

October 2017

Eviction—Appeal against order—Non grant of stay as such by appellate authority and granting adjournment and delaying the stay proceeding is not justified—Irreparable loss would be caused to the tenant.

By | October 21st, 2017|Punjab Rent Act|

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Landlord & Tenants—Eviction–Bonafide requirement of landlord concurrently upheld by court– Merely because another view is possible in exercise of the revisional jurisdiction, the High Court cannot upset the factual findings.

By | October 5th, 2017|Punjab Rent Act|

Comments Off on Landlord & Tenants—Eviction–Bonafide requirement of landlord concurrently upheld by court– Merely because another view is possible in exercise of the revisional jurisdiction, the High Court cannot upset the factual findings.

August 2017

Eviction— Provisional Rent—To challenge the period of arrears of provisional rent assessed even in the appeal against the order of eviction the order of deposit of provisional rent as assessed by rent controller must have been complied with.

By | August 13th, 2017|Punjab Rent Act|

Comments Off on Eviction— Provisional Rent—To challenge the period of arrears of provisional rent assessed even in the appeal against the order of eviction the order of deposit of provisional rent as assessed by rent controller must have been complied with.

Eviction—NRI landlord—Leave to Defend—Delay in filing application—Rent Controller has no jurisdiction and power to condone the delay as the statute does not vest any such power

By | August 3rd, 2017|Punjab Rent Act|

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July 2017