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1 - 8 of 8 (0.10 seconds)Section 2 in The Punjab Rent Act, 1995 [Entire Act]
Section 19 in The Punjab Rent Act, 1995 [Entire Act]
East Punjab Urban Rent Restriction (Amendment) Act, 2001
Baldev Singh Bajwa vs Monish Saini on 5 October, 2005
In the case of B.S.Bajwa (supra), the Apex Court had
observed that the Rent Controller's power to give leave to contest
in a petition filed under Section 13-B is restricted by the condition
that the affidavit filed by the tenant(s) seeking leave to contest,
discloses such fact as would disentitle the landlord from obtaining
an order for recovery of possession. In the summary proceedings,
the tenant's right to contest the application would be restricted to
the parameters of Section 13-B of the Rent Act. The tenant cannot
widen the scope of his defence by relying on any other fact which
does not fall within the parameters of Section 13-B. The tenant's
right to defend the claim of the landlord under Section 13-B for
eviction would arise if the tenant is in a position to show that the
landlord in the proceedings is not NRI landlord; that he is not the
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CR No. 5732 of 2016 (O&M) 17
owner thereof or his ownership is not for the required period of 05
years before the institution of proceedings and that a landlord's
requirement is not bonafide. It was further held that the assertions
made by the NRI landlord of his requirement shall be presumed to
be genuine and bonafide unless rebutted by the "tenant by
placement of cogent and material facts and evidence in support
thereof at the stage of leave to contest before the Controller".
East Punjab Urban Rent Restriction Act, 1949
(O&M;) Bachan Kaur And Ors vs Kabal Singh And Anr on 28 January, 2015
In
Bachan Kaur's case (supra), it had also been held that the co-
owner who is an NRI can maintain a petition for ejectment for the
benefit of all the co-owners.
Section 3 in The Punjab Rent Act, 1995 [Entire Act]
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