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1 - 10 of 10 (0.33 seconds)Section 19 in East Punjab Urban Rent Restriction Act, 1949 [Entire Act]
Section 13 in East Punjab Urban Rent Restriction Act, 1949 [Entire Act]
Section 18A in East Punjab Urban Rent Restriction Act, 1949 [Entire Act]
Baldev Singh Bajwa vs Monish Saini on 5 October, 2005
15. The question of bonafides had been considered by Hon'ble
Supreme Court in Baldev Singh Bajwa's case (supra) and has been held
that if the landlord does not use the property for which it was being got
vacated, he would be liable to be proceeded against under Section 19(2-B)
and also liable to be punished with imprisonment for a term which may
extend to six months or a fine which may extent to Rs.1000/- or both.
Similarly a safeguard has also been provided in Section 13-B(3) which
gives the tenant a right to file an application for restoration of possession if
the owner transfers or lets out the property within five years from taking
possession.
Kundan Singh vs Lal Singh on 2 August, 2004
The judgments referred to by the
counsel for the petitioner in Kundan Singh (supra) pertains to a case where
the Rent Controller, Chandigarh had granted leave as there were issues
regarding the partition on the basis of which the NRI landlord was seeking
eviction, and accordingly, it was held that it would give rise to a triable
issue and the petition of the landlord challenging the leave was dismissed by
this Court. In the present case, there is a letter of allotment in favour of the
landlord himself, and therefore, the status of being a NRI and a owner of the
property is not in question.
Section 18 in East Punjab Urban Rent Restriction Act, 1949 [Entire Act]
Nelson Christopher vs Pritam Singh on 10 November, 2009
Similarly,
reliance was placed on Nelson Christopher Vs. Pritam Singh 2010 (1) PLR
311 to contend that the landlord was trying to surprise the tenant and
conceal the ownership of other commercial properties.
M/S. India Umbrella Manufacturing Co. & ... vs Bhagabandei Agarwalla (Dead) By ... on 5 January, 2004
"Following the ratio of Mohinder Prasad Jain's case and India
Umbrella Manufacturing Co's case (supra), when a petition is
filed by the landlord for eviction in the capacity as a co-owner,
in agreement with the other co-owners, the same cannot be
termed as not maintainable. In the present case, the petitioner
has produced enough material to indicate that he is a co-owner
of the property pursuant to the decree of the civil court dated
5.10.1978. The name of the petitioner has already been
included in the Municipal record as a co-owner. Thus, the
observation of the learned Rent Controller that the dispute
regarding relationship of landlord and tenant has to be decided
by adducing evidence is contrary to the principle of law. In
view of the ratio of the ruling in Mohinder Prasad jain's case
(supra) a NRI who is a co-owner of the tenanted premises is
entitled to file a petition Under Section 13-B of the Act."
Ravinder Paul Mohindra vs Gurbachan Singh And Ors. on 31 May, 2006
12. That on the issue of let out, it was argued that Section 13-B
talks about the letting out and in the present case letting out was not by the
landlord no.2 but was by a registered deed by Gurpal Singh, who was
landlord no.1 and what was stated in the lease deed was that he was sole
owner and there was no relationship of landlord and tenant between the
parties and it was a triable issue. This question again has been answered
in the judgment of Ravinder Pal Mohindra's case (supra) and it has been
held as under:-
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