1. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B , Section 2(dd) - Even some of the co-owners are neither NRIs nor are the landlords who had inducted the tenant in possession even then the petition for ejectment would be maintainable under Section 13-B of the Act. (176) PLR
  2. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B, 18-A - When the tenant is seeking protection of provisions of Section 18-A of the Act in resisting the petition under Section 13-B thereof, then reference to arbitration clause in the lease deed by him is contradictory in terms - Even otherwise, it is by now settled that arbitration clause in any document concerning tenancy rights is of no legal significance - Arbitration Act, 1996 (26 of 1996). (176) PLR
  3. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - All the shops which form part of one integral building - Can be got vacated by a owner/landlord. (176) PLR
  4. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - Civil Procedure Code, 1908 (V of 1908) Order 5, Rule 15 - Service on adult member of a party, on whom summons are to be served, is legal and valid and even in view of provisions of Rule 15 of Order V CPC. (176) PLR
  5. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - Death of landlord - Building was inherited by his two sons including the landlord and the widow - Merely because the landlord is recorded as owner of the 1/2 share in the shop ipso-facto does not raise any triable issue because the legal proposition that a co-owner can file petition for ejectment is no more  res-integra - Landlord being become co-owner - Was fully competent to file the petition for eviction of the tenant being an NRI who had decided to come back to India to settle  here - Merely because record was corrected by the authority letter - Is not a circumstances to blur the date of death of the owner and immediately on to his death - His succession having been opened - Settled proposition of law that a co-owner can file a petition for eviction as he has ownership rights in every inch of property. (178) PLR 
  6. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - Ejectment - Power of attorney authorising N.K. to deal with the entire property of the petitioner - The powers given to the attorney include the authority to file petition, written statement, replication, application, appeal in any court of law and to appoint/constitute any pleader, advocate or attorney - It was nowhere required or expected to be specifically mentioned in this general power of attorney regarding the authority of attorney-holder to file petition under Section 13-B of the Act - This power is implicit. (178) PLR
  7. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - Eviction from shop - Contention at the age of 85 years, the petitioner cannot be supposed to start any business is only hypothetical - Age is no bar to start a business, particularly when petitioner wants to start business with the assistance of her daughter. (178) PLR
  8. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - Explanation - Evasive by the landlord as he has surely not placed a definite averment which is essential for testing the bona fides that he did not own any other property or if he did own any other property, he ought to have explained in the petition expressly and pointed out as to how it was relatively unsuitable for his own requirements - The expression of bona fides are not merely cosmetic words but meaning has to be infused in  them by appropriate pleadings to enable the court to render proper adjudication - Objections by tenant  proved. (179) PLR
  9. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - If ordinarily a landlord cannot be asked to prove his title before getting his tenant evicted on any one of the grounds stipulated for such eviction, we see no reason why he should be asked to do so only because he happens to be a Non-resident Indian - The general principles of Evidence Act including the doctrine of estoppel enshrined in Section 116 are applicable even to the tenants occupying properties of the Non-Resident Indians referred to in the Act - Evidence Act, 1872 (1 of 1872) S. 116. (S.C.)(176) PLR
  10. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - In the eviction petition filed by the landlord under Section 13-B of the Act, the petitioner could file an application under Section 18-A of the Act within 15 days which in the present case is admittedly beyond the period of limitation - The said delay in filing the application cannot be condoned in any manner. (177) PLR
  11. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - It was a triable issue as to whether visits made by the present landlady even much before the earlier litigation had been started by her husband would enure for her in support of her claim of eviction under special statutory provision of Section 13-B of the Act, where she claims herself to be an NRI? - Whether, mere visit to few countries on tourist visa and that too for a very limited duration would make such landlord-owner to be an NRI or not, is a question worth debate and this issue is triable. (176) PLR
  12. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - Mere fact that he had gone abroad and his wife had also joined him at Bahrain, cannot be taken as an indicator of intention of respondent not to return and doubt his bonafide and personal requirement of the demised premises - The landlord is not expected to sit idle till he gets possession of the tenanted premises or his petition is finally decided - His efforts for starting business will start only after getting the demised shop vacated. (178) PLR
  13. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - Once the respondent tenant admits that he has been let in possession as a tenant by the appellant in the year 1992 i.e. more than 10 years before the filing of the eviction Petition, the requirement of appellant being owner of the property for more than five years within the meaning of Section 13-B (supra) would stand satisfied. (S.C.)(176) PLR
  14. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - Since right of eviction available to a specified landlord under Section 13-B is restricted to a building which may even have multiple tenants there is no doubt that the respondent-landlords are within their statutory rights to  claim eviction of the present premises in terms of the Section 13-B of the Act notwithstanding the fact that they have already got their tenant evicted from the building in question.  (178) PLR 
  15. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - Suit for eviction can be filed by owner of the suit property and it is not necessary that the person who inducts the tenant can only file the petition - Petitioner has been filed by real owner of the property. (176) PLR
  16. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B - The conduct of the landlord in abandoning the premises recovered from other tenants cannot be taken as irrelevant - It makes evident the lack of bonafide of his need in respect of all the tenements that had been vacated by the other tenants - He had done nothing to start the business - There was no statement anywhere that the nature of business which he was contemplating, namely dealing with electrical goods could not have been started with the premises which he had claimed from the other tenants.     (180) PLR
  17. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 13-B(2)(dd) - Merely because respondent-landlords have their attorney, does not disentitle them from resorting to provisions of Section 13-B of the Act, when they are covered under the provisions of Section 2(dd) of the Act explaining the term NRI so far as it relates to the provisions of Section 13-B of the Act - There is nothing to show that the respondent-landlords-owners lack any of the qualifications mentioned in Section 2(dd) as are relatable to the provisions of Section 13-B of the Act.  (178) PLR  

 

Register SCeJ  Free Updates*


Supreme Court e@journal
PUNJAB LAW REPORTER


Subscribe or take a 4 week FREE trial 

Note: Please fill out the fields marked with an asterisk.