June 2019

Eviction-Subletting- Tenant had taken premises on rent from previous owner and was running a partnership firm since then–New owner was aware of this fact and allowed the tenant to continue on oral tenancy—New owner/landlord now cannot contend that tenant has taken premises in his individual capacity and without his consent has sub-let the premises to a firm- Eviction petition dismissed.

By | June 7th, 2019|Punjab Rent Act|

Comments Off on Eviction-Subletting- Tenant had taken premises on rent from previous owner and was running a partnership firm since then–New owner was aware of this fact and allowed the tenant to continue on oral tenancy—New owner/landlord now cannot contend that tenant has taken premises in his individual capacity and without his consent has sub-let the premises to a firm- Eviction petition dismissed.

Eviction–Mense Profits- -Last paid rent was Rs. 7000/- per month and from last 11 years there was no increase when normally there is an escalation clause each year— Therefore, fixing of Rs. 12,000/- per month as mense profits cannot be held to be excessive. 

By | June 7th, 2019|Punjab Rent Act|

Comments Off on Eviction–Mense Profits- -Last paid rent was Rs. 7000/- per month and from last 11 years there was no increase when normally there is an escalation clause each year— Therefore, fixing of Rs. 12,000/- per month as mense profits cannot be held to be excessive. 

Premises were taken for manufacturing of radio and other electronic goods- Tenant without the consent of landlord started using premises for godown purpose-Held; Using premises for a godown is clearly and distinctly different from the purpose for which premises were let out-Eviction upheld

By | June 7th, 2019|Punjab Rent Act|

Comments Off on Premises were taken for manufacturing of radio and other electronic goods- Tenant without the consent of landlord started using premises for godown purpose-Held; Using premises for a godown is clearly and distinctly different from the purpose for which premises were let out-Eviction upheld

May 2019

Eviction—Non pleading of a ingredient in eviction petition—Not sufficient to dismiss eviction petition when the evidence on record reveals that the parties were very well alive to the controversy and issues in hand.

By | May 24th, 2019|Punjab Rent Act|

Comments Off on Eviction—Non pleading of a ingredient in eviction petition—Not sufficient to dismiss eviction petition when the evidence on record reveals that the parties were very well alive to the controversy and issues in hand.

Held; that in such a situation the petitioners could hold a bonafide belief that the present proceedings may not continue—There is sufficient explanation for non-appearance of the petitioners before the learned Rent Controller in the present proceedings-Legal position that tender of rent in separate proceedings cannot be treated to be a valid tender of rent in the present case is not applicable in instant case—Exparte decree set aside

By | May 20th, 2019|Punjab Rent Act|

Comments Off on Held; that in such a situation the petitioners could hold a bonafide belief that the present proceedings may not continue—There is sufficient explanation for non-appearance of the petitioners before the learned Rent Controller in the present proceedings-Legal position that tender of rent in separate proceedings cannot be treated to be a valid tender of rent in the present case is not applicable in instant case—Exparte decree set aside

Eviction—Personal Necessity—Merely because the landlord’s father was having an office at the backside of the demises premises, does not preclude the landlord from claiming his own bonafide personal necessity

By | May 17th, 2019|Punjab Rent Act|

Comments Off on Eviction—Personal Necessity—Merely because the landlord’s father was having an office at the backside of the demises premises, does not preclude the landlord from claiming his own bonafide personal necessity

Eviction—Personal Necessity—Merely because son of landlord for whose benefits the premises were sought himself has not stepped into the witness box cannot be ground to set aside the eviction petition filed by the landlords

By | May 17th, 2019|Punjab Rent Act|

Comments Off on Eviction—Personal Necessity—Merely because son of landlord for whose benefits the premises were sought himself has not stepped into the witness box cannot be ground to set aside the eviction petition filed by the landlords

April 2019

Hindu Succession Act, 1956 – Sections 14, 14(1) and 14(2) – East Punjab Urban Rent Restriction Act, 1949 – Sections 2(c) and 2(i) – Eviction – High Court while setting aside the judgment of the first appellate Court held that Shiv Dev Kaur (having life interest in property) had created a tenancy in favour of the defendant and the relationship of landlord and tenant did not cease to exist on her death. The remedy of the appellants as owners was to seek eviction under prevailing rent control legislation and not by means of a suit for possession

By | April 17th, 2019|Punjab Rent Act|

Comments Off on Hindu Succession Act, 1956 – Sections 14, 14(1) and 14(2) – East Punjab Urban Rent Restriction Act, 1949 – Sections 2(c) and 2(i) – Eviction – High Court while setting aside the judgment of the first appellate Court held that Shiv Dev Kaur (having life interest in property) had created a tenancy in favour of the defendant and the relationship of landlord and tenant did not cease to exist on her death. The remedy of the appellants as owners was to seek eviction under prevailing rent control legislation and not by means of a suit for possession

March 2019

Eviction—Impairment of value and utility of building—Impairment is to be perceived from view point of landlord and not of tenant.

By | March 10th, 2019|Punjab Rent Act|

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Eviction—NRI Landlord—Leave to Defend—Merely because one of the co-owner of the building had let out the premises and was accepting the rent; it would be mean that there has been partition among the co-owners.

By | March 4th, 2019|Punjab Rent Act|

Comments Off on Eviction—NRI Landlord—Leave to Defend—Merely because one of the co-owner of the building had let out the premises and was accepting the rent; it would be mean that there has been partition among the co-owners.

East Punjab Urban Rent Restriction Act, 1949, S.13—Eviction—Personal Necessity—Husband of landlady is running his repair shop from a tenanted premises—Every owner is entitled to occupy his own building rather than continue to occupy the tenanted premises

By | March 4th, 2019|Punjab Rent Act|

Comments Off on East Punjab Urban Rent Restriction Act, 1949, S.13—Eviction—Personal Necessity—Husband of landlady is running his repair shop from a tenanted premises—Every owner is entitled to occupy his own building rather than continue to occupy the tenanted premises

February 2019

Eviction—Scope of Revision—High Court is entitled to examine the grounds of eviction even which has gone against the landlord in a revision filed by tenant without filing of separate petition in that regard

By | February 28th, 2019|Punjab Rent Act|

Comments Off on Eviction—Scope of Revision—High Court is entitled to examine the grounds of eviction even which has gone against the landlord in a revision filed by tenant without filing of separate petition in that regard

Eviction—Personal Necessity—Need for space for stay of married son, daughter or sister even occasionally on their visit to parents/brother is bonafide personal need.

By | February 23rd, 2019|Punjab Rent Act|

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January 2019

Eviction–Cease to Occupy- -Tenant contented that she is running tea shop but failed to prove purchase of any material for preparation of tea or any other food articles which she may be selling from said shop—Eviction upheld.

By | January 26th, 2019|Punjab Rent Act|

Comments Off on Eviction–Cease to Occupy- -Tenant contented that she is running tea shop but failed to prove purchase of any material for preparation of tea or any other food articles which she may be selling from said shop—Eviction upheld.

Eviction—Provisional Rent—Assessment of provisional rent is not to done on factors determining the mesne profits Eviction-Provisional Rent–At the stage of assessment of provisional rent, the rent receipts are not to be doubted

By | January 25th, 2019|Punjab Rent Act|

Comments Off on Eviction—Provisional Rent—Assessment of provisional rent is not to done on factors determining the mesne profits Eviction-Provisional Rent–At the stage of assessment of provisional rent, the rent receipts are not to be doubted

Eviction—Personal Necessity—Merely because the children for whom the business was pleaded to be started were not examined, cannot be fatal to the case of the landlords. Eviction—Personal Necessity—Joint property—All the landlords need not to be examined in order to prove bonafide personal necessity on their part.

By | January 25th, 2019|Punjab Rent Act|

Comments Off on Eviction—Personal Necessity—Merely because the children for whom the business was pleaded to be started were not examined, cannot be fatal to the case of the landlords. Eviction—Personal Necessity—Joint property—All the landlords need not to be examined in order to prove bonafide personal necessity on their part.

Eviction—Bonafide Need—Possession of part of the premises does not dis­entitle the landlord from seeking eviction of the present tenant from the premises in question

By | January 25th, 2019|Punjab Rent Act|

Comments Off on Eviction—Bonafide Need—Possession of part of the premises does not dis­entitle the landlord from seeking eviction of the present tenant from the premises in question

Eviction–Denial of Relationship—Once it is proved on the file that in the previous two litigations, the tenant had taken a stand that the petitioner herein, is her landlady, she was estopped from disputing the relationship of landlord and tenant between the parties

By | January 21st, 2019|Punjab Rent Act|

Comments Off on Eviction–Denial of Relationship—Once it is proved on the file that in the previous two litigations, the tenant had taken a stand that the petitioner herein, is her landlady, she was estopped from disputing the relationship of landlord and tenant between the parties

Eviction-Impairing value and utility—Merely with increase of rent, the action of the tenant to impair materially the value and utility of the building cannot be deemed to have been condoned.                

By | January 21st, 2019|Punjab Rent Act|

Comments Off on Eviction-Impairing value and utility—Merely with increase of rent, the action of the tenant to impair materially the value and utility of the building cannot be deemed to have been condoned.                

East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Merger of Tenancy—Two separate tenancies—Merely because rent is being jointly paid from one account, there cannot be any merger of the tenancy.

By | January 21st, 2019|Punjab Rent Act|

Comments Off on East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Merger of Tenancy—Two separate tenancies—Merely because rent is being jointly paid from one account, there cannot be any merger of the tenancy.