March 2020

Eviction—Mesne Profits—Tenant was inducted around 30 years back at Rs.42Q/- per month as rent—Assessment of Rs. 10,000/- per month as mense profits held to be justified

By | March 25th, 2020|Punjab Rent Act|

Comments Off on Eviction—Mesne Profits—Tenant was inducted around 30 years back at Rs.42Q/- per month as rent—Assessment of Rs. 10,000/- per month as mense profits held to be justified

Eviction—Provisional Rent—Rent Controller balanced the rival contentions and has taken the period as stated by tenant and rate of rent as claimed by landlord—Order upheld

By | March 24th, 2020|Punjab Rent Act|

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Eviction—Provisional Rent—Assessed in the absence of the tenant and was also enhanced in his absence—Eviction order set aside

By | March 2nd, 2020|Punjab Rent Act|

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February 2020

Eviction—Assessment of Provisional Rent—Rent note for 11 months, having stipulation that the rent would be increased every five years—Such rent note can be read for assessment of a provisional rent Eviction—Assessment of Provisional Rent—Any dispute qua the provisional rent can be raised only subsequently—No excuse is available to the tenant at that stage for not depositing the rent

By | February 16th, 2020|Punjab Rent Act|

Comments Off on Eviction—Assessment of Provisional Rent—Rent note for 11 months, having stipulation that the rent would be increased every five years—Such rent note can be read for assessment of a provisional rent Eviction—Assessment of Provisional Rent—Any dispute qua the provisional rent can be raised only subsequently—No excuse is available to the tenant at that stage for not depositing the rent

Eviction—NRI Landlord—Applicability of 1995 Act—In order to chalk out a harmonious construction and to give effect to different provisions, 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 the date would have to be filed and proceeded under the 1995 Act, notwithstanding the date of tenancy

By | February 16th, 2020|Punjab Rent Act|

Comments Off on Eviction—NRI Landlord—Applicability of 1995 Act—In order to chalk out a harmonious construction and to give effect to different provisions, 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 the date would have to be filed and proceeded under the 1995 Act, notwithstanding the date of tenancy

Eviction—Arrears of rent—Tenant has pleaded blanket denial of landlord-tenant relationship and at the same time an offer to pay the arrears of rent ‘to avoid any legal complications’, without seeking to indicate who according to him is his actual landlord—Plea of granting an opportunity to assess the arrears of rent held to be not genuine

By | February 13th, 2020|Punjab Rent Act|

Comments Off on Eviction—Arrears of rent—Tenant has pleaded blanket denial of landlord-tenant relationship and at the same time an offer to pay the arrears of rent ‘to avoid any legal complications’, without seeking to indicate who according to him is his actual landlord—Plea of granting an opportunity to assess the arrears of rent held to be not genuine

Eviction—Bonafide Necessity–Death of Landlord—Death of the landlord or son for whom the premises were required, shall not effect the bona fide need as projected at the time of filing of the petition

By | February 9th, 2020|Punjab Rent Act|

Comments Off on Eviction—Bonafide Necessity–Death of Landlord—Death of the landlord or son for whom the premises were required, shall not effect the bona fide need as projected at the time of filing of the petition

Eviction—NRI Landlord—Landlord contended that she wanted to start catering business with help of her husband and daughter—Non-examination of daughter would not be fatal in this matter Eviction—NRI Landlord—Availability of alternate premises—That would not be a bar to the NRI to get building of his/her choice vacated

By | February 2nd, 2020|Punjab Rent Act|

Comments Off on Eviction—NRI Landlord—Landlord contended that she wanted to start catering business with help of her husband and daughter—Non-examination of daughter would not be fatal in this matter Eviction—NRI Landlord—Availability of alternate premises—That would not be a bar to the NRI to get building of his/her choice vacated

January 2020

Eviction—NRI Landlord—Leave to Defend can be granted only in case the affidavit of tenant specifies that the landlord does not satisfy the condition under Section 13-B of the Act

By | January 31st, 2020|Punjab Rent Act|

Comments Off on Eviction—NRI Landlord—Leave to Defend can be granted only in case the affidavit of tenant specifies that the landlord does not satisfy the condition under Section 13-B of the Act

Eviction—NRI Landlord—Immediate possession—It is for a landlord, to prove his intention to return to India and settle permanently as per Rent Act of 1995—If he fails to do so, his eviction petition would be dismissed— Tenant has nothing to contribute as such—Leave to defend declined

By | January 21st, 2020|Punjab Rent Act|

Comments Off on Eviction—NRI Landlord—Immediate possession—It is for a landlord, to prove his intention to return to India and settle permanently as per Rent Act of 1995—If he fails to do so, his eviction petition would be dismissed— Tenant has nothing to contribute as such—Leave to defend declined

Eviction—Denial of Relationship—-Landlord claimed ownership on basis of registered sale deed—Therefore, tenant cannot raise dispute regarding ownership

By | January 12th, 2020|Punjab Rent Act|

Comments Off on Eviction—Denial of Relationship—-Landlord claimed ownership on basis of registered sale deed—Therefore, tenant cannot raise dispute regarding ownership

December 2019

Eviction—Non pleadings of all ingredients—Owing or Possession of other building—Tenant cannot raise the question of non-compliance of mandatory provisions especially he has not challenge the averments made in the ejectment petition in this regard

By | December 31st, 2019|Punjab Rent Act|

Comments Off on Eviction—Non pleadings of all ingredients—Owing or Possession of other building—Tenant cannot raise the question of non-compliance of mandatory provisions especially he has not challenge the averments made in the ejectment petition in this regard

Eviction~Mense Profits- -As per the lease-deed produced by the landlord, the rent works out to Rs.54.17 per sq.ft, whereas, the rate of rent works out to Rs.47.35 per sq.ft. as per lease-deed, relied upon by the tenant-Held; taking the rent of both the registered sale-deeds produced by the respective parties, it would be proper to calculate the same @ Rs.50 per sq.ft.

By | December 31st, 2019|Punjab Rent Act|

Comments Off on Eviction~Mense Profits- -As per the lease-deed produced by the landlord, the rent works out to Rs.54.17 per sq.ft, whereas, the rate of rent works out to Rs.47.35 per sq.ft. as per lease-deed, relied upon by the tenant-Held; taking the rent of both the registered sale-deeds produced by the respective parties, it would be proper to calculate the same @ Rs.50 per sq.ft.

Eviction—Arbitration Clause—Eviction Petition filed by the landlord is maintainable despite arbitration clause in lease deed

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

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November 2019

East Punjab Urban Rent Restriction Act, 1949 – Sections 13-B and 18-A – Constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 – Right of Non-Resident Indians to initiate eviction under the summary procedure provided in Section 18-A of the Rent Act is not an unfettered and absolute right – Held such amendment, Constitutional

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

Comments Off on East Punjab Urban Rent Restriction Act, 1949 – Sections 13-B and 18-A – Constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 – Right of Non-Resident Indians to initiate eviction under the summary procedure provided in Section 18-A of the Rent Act is not an unfettered and absolute right – Held such amendment, Constitutional

Draft for payment prepared by tenant after one month and 9 days of eviction order; it does not prove bonafide of tenant-Tenant could have appeared in person on date fixed for payment-Eviction upheld.

By | November 9th, 2019|Punjab Rent Act|

Comments Off on Draft for payment prepared by tenant after one month and 9 days of eviction order; it does not prove bonafide of tenant-Tenant could have appeared in person on date fixed for payment-Eviction upheld.

September 2019

August 2019