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

Eviction—Attornment of Tenancy—Attornment by a tenant is not a condition precedent to create a relationship of landlord and tenant between the transferee landlord and the existing tenant in possession of the tenanted premises

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

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Eviction—Attornment of Tenancy—Attornment by a tenant is not a condition precedent to create a relationship of landlord and tenant between the transferee landlord and the existing tenant in possession of the tenanted premises

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

Comments Off on Eviction—Attornment of Tenancy—Attornment by a tenant is not a condition precedent to create a relationship of landlord and tenant between the transferee landlord and the existing tenant in possession of the tenanted premises

July 2019

Eviction—Statutory Tenant—Landlord having life estate created tenancy- Such a tenant would become statutory tenant and would be entitled to protection of Rent Act—Therefore, such a tenant cannot be treated as trespasser on death of landlord

By | July 5th, 2019|Punjab Rent Act|

Comments Off on Eviction—Statutory Tenant—Landlord having life estate created tenancy- Such a tenant would become statutory tenant and would be entitled to protection of Rent Act—Therefore, such a tenant cannot be treated as trespasser on death of landlord

Muslim Law—Oral Gift—In order to create a valid gift there are three essential requirements/ingredients namely (i) declaration of gift by the donor, (ii) acceptance of the gift, express or implied, by or on behalf of the donee, and (iii) delivery of possession of the gifted property by the donor to done.

By | July 5th, 2019|Punjab Rent Act|

Comments Off on Muslim Law—Oral Gift—In order to create a valid gift there are three essential requirements/ingredients namely (i) declaration of gift by the donor, (ii) acceptance of the gift, express or implied, by or on behalf of the donee, and (iii) delivery of possession of the gifted property by the donor to done.

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|

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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|

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