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|

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

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|

Comments Off on 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.

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.

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.