January 2020

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

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|

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|

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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