Tenancy and Rent Act
Rent – The Appellate Authority is the last Court to appreciate the facts and the evidence – In such circumstances, the Appellate Court should not have taken a myopic view of the matter to refuse additional evidence.
Haryana Urban (Control of Rent and Eviction) Act 1973 S. 13 - Eviction - Respondent has pleaded that he has...
Read moreCPC O. 6 R. 17 – The admission, as such, which was made regarding the relationship was, thus, sought to be withdrawn by way of proposed amendment and a totally new and inconsistent case is sought to be set up and would cause serious prejudice to the plaintiffs and alter the character of action – Not permissible
Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 17 – In the written statement filed, it was admitted...
Read moreTenancy – NRI – A separate issue is required to be framed and decided as to whether the landlord falls within the purview and ambit of NRI – Remitted to the Rent Controller.
East Punjab Urban Rent Restriction Act, 1949, Section 2(dd), 13-B - A separate issue is required to be framed and...
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Execution – Admitted that as of now, there is no declaration in his favour, as regards any right, title or interest in any part of the suit property. Mere pendency of a regular second appeal does not entitle to become a party in the execution petition which has arisen from an order of to of eviction.
Execution – Admitted that as of now, there is no declaration in his favour, as regards any right, title or...
Read moreFair rent – Rent Controller can not fix fair rent as per provisions of Order 15 Rule 5 C.P.C.
East Punjab Urban Rent Restriction Act, 1949 (III of 1949) Section 13 – Fair rent – That Rent Controller ought...
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Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.
East Punjab Urban Rent Restriction Act, 1949 Sector 13 – Fair rent – Rent Controller has assessed the rent –...
Read moreEviction – Co-owner – Is entitled to seek eviction of the tenant on behalf of the other co-owners
Co-owner – Is entitled to seek eviction of the tenant on behalf of the other co-owners - Moreover, the relationship...
Read moreBona fide need – Even the subsequent event of death of the landlord who wanted to start a business in the tenanted premises is not sufficient to dislodge the bona fide need established by him earlier.
This Court reiterated the same principle in Kamleshwar Prasad v. Pradumanju Agarwal that the crucial date...
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[P&H] Tenancy – Defendant is estopped in raising the challenge to the title of the landlord and has to surrender possession before that can be done
Mr. Vishal Munjal, for the petitioner. Tenancy and Rent Evidence Act S. 116 - Defendant is estopped in raising the challenge...
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[P&H] Bona fide requirement has been held to be a recurring cause of action and a petition which has been dismissed on same ground cannot bind the parties down for time to come , 2017 PLRonline 0107
LOG IN with PLR Subscription East Punjab Urban Rent Restriction Act, 1949 (III of 1949) - S. 13-B Bona fide...
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CPC O. 6 R. 17 – Pleading is required to state material facts and not evidence by which they are to be proved – In written statement plea already taken up that petitioner has got several properties – Amendment giving details of these properties is not required – Tenancy. 2022 PLRonline 7654
Civil Procedure Code 1908 (V of 1908) Order 6 Rule 17 – Amendment of written statement – A pleading is...
Read moreEast Punjab Urban Rent Restriction Act, S. 13
East Punjab Urban Rent Restriction Act, 1949 (III of 1949) Section 13 – Bonafide requirement requirement is of the space,...
Read moreEast Punjab Urban Rent Restriction Act S. 13 – If co-owners file a joint petition with regard to requirement of one of them, the other co-owners are not required to plead and prove their bonafide requirement
East Punjab Urban Rent Restriction Act, 1949 (III of 1949) Section 13 – Petitioner contends that as a joint petition...
Read moreMesne profits – In the absence of any such registered lease deed being produced by the respondent-landlord, this Court is of the opinion that the order itself is not sustainable and is liable to be set aside
Rent – Mesne profits - The said order does not depict that whether any registered lease deed was taken into...
Read moreRent – Mesne profits – Market rent shall be worked out on the basis of valuation reports or reliable estimate of building rentals in the surrounding areas let out on the rent recently. The rent which was to be fixed should be proper and adequate keeping in mind the location, type of construction, accessibility to the main road, parking space facilities and it should not end up being a bonanza for the landlord.
Rent - Mesne profits - Laid down the principle that the market rent shall be worked out on the basis...
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