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Narinder Singh vs Sarabjit Singh on 12 July, 2006

However, in the present case as the petitioner denied the relationship of landlord and tenant there would be hardly any justification for the Rent Controller to frame an assessment order in pursuance to the provisions to proviso to Section 13(2)(1) of the Act as held by this Court in Yashpal Singh v. Vijay Kumar (2004-3) 138 P.L.R. 504, wherein this Court was pleased to hold as under:
Punjab-Haryana High Court Cites 6 - Cited by 9 - Full Document

Ruchi Strips And Alloys Ltd vs . on 28 March, 2013

14. To rebut the mandatory presumption operating against him, Ld. Counsel for the accused placed reliance on Yashpal versus Vijay Kumar 2008 (3) JCC (NI) 321, RCR (Criminal) 504 and on Krishna Janardhan Bhat versus Dattaraya G. Hegde 2008 Case No. 1461/1 Page No. 9 of 17 (1) JCC (NI) 50 in order to contend that the presumption u/s 139 is only a rebuttable one and degree of proof for the rebuttal of such presumption is not comparable with that of the burden on the prosecution to prove the charge.
Delhi District Court Cites 11 - Cited by 0 - Full Document

Go Parties India Private Ltd And Others vs Gaurav Anand on 20 February, 2024

5. Aggrieved by the aforesaid order passed by learned Appellate Authority, learned counsel for the petitioners has submitted that where relationship of landlord and tenant between the parties is denied, the Rent Controller is not obliged to assess the rent or call upon the tenant to make payment of rent. Reliance has been placed on Yashpal Singla vs. Vijay Kumar - 2004(3) PLR 504, Gawritex Industries Ltd. vs. Sqn. Ldr.
Punjab-Haryana High Court Cites 12 - Cited by 0 - Full Document

Jai Kumar vs Om Parkash on 27 February, 2019

10. In fact, in a similar case, Hukma Devi Versus Bhagwan Das 2003 (1) RCR (Rent) 533 , eviction was sought on the ground of arrears 4 of 5 ::: Downloaded on - 10-03-2019 08:30:02 ::: CR No. 669 of 2005 5 of rent. The tenant denied the relationship of landlord and tenant. Thereafter an issue arose, whether it was incumbent on the Rent Controller to frame issue regarding assessment of rent and gave an opportunity to the tenant to pay arrears of rent along with interest and cost. It was held that the Rent Controller would not be under an obligation to pass an interim order assessing the rent, interest and cost of application in a case where the tenant denied his relationship with the landlord. It was held that after the tenant has taken the stand that he is not a tenant and the findings recorded by both the courts below have gone against him, then the consequences must follow, namely that he is a tenant but in order to avoid payment of rent he has set up a false plea of denying the relationship of landlord and tenant. This view was reiterated in Yashpal Singla versus Vijay Kumar 2004 (2) RCR (Rent) 718.
Punjab-Haryana High Court Cites 4 - Cited by 0 - J Thakur - Full Document
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