1. East Punjab Rent Restriction Act, 1949 (III of 1949) - Rent Controller - Power of review - Strict rules of the Code of Civil Procedure are not applicable in the Rent Act - Thus, the Rent Controller has power of review - Civil Procedure Code, 1908 (V of 1908). (174) PLR
  2. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) - Civil Procedure Code, 1908 (V of 1908) Order 17, Rule 3 - Suit was filed as a Notification was issued that properties fetching rent more than Rs.1,500/- per month would not come within purview of East Punjab Urban Rent Restriction Act - The said notification was subsequently struck down by the Hon'ble Supreme Court - The suit was decided under Order 17 Rule 3 Code of Civil Procedure as plaintiffs (now respondents) had failed to lead any evidence - With the striking down of Notification, the proceedings taken in the civil suit are a nullity - The petitioner cannot take benefit of any such finding recorded by the Civil Court. (173) PLR 7
  3. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) - Civil Procedure Code, 1908 (V of 1908) Order 23, Rule 3 - Provisions of Order 23 Rule 1(3) of the CPC are applicable to the proceedings before the Rent Controller but the principle settled is that no man be vexed twice over the same cause of action. (177) PLR
  4. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) - Civil Procedure Code, 1908 (V of 1908) Order 23, Rule 3 - Provisions of Order 23 Rule 1(3) of the CPC are applicable to the proceedings before the Rent Controller but the principle settled is that no man be vexed twice over the same cause of action. Joginder Singh  v. Sunil Kapoor . (177) PLR
  5. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) - If a suit is filed seeking eviction of tenant or recovery of rent before the civil Court during the exemption period under Section 3 of the Rent Act and during the pendency of that suit or appeal the exemption period expires, right of the parties to suit would be seen on the date on which the suit was filed and the civil Court would continue to have the jurisdiction to try the suit and to take it to logical end. (179) PLR
  6. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) - Rent Controller is not vested with the power of review, it cannot be argued that prayer for recalling of the order was made in accordance with law. (173) PLR 7

 

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