Property Law – Permanent Injunction – Suit for Injunction Simpliciter – Whether a suit for permanent injunction can be decreed without seeking a declaration of title when the title of the plaintiff is under dispute – Held, when a cloud is raised over the plaintiff's title, the suit for mere injunction is not maintainable without seeking a declaration of title – [P...
Rent Control Law – Provisional Assessment of Arrears – Revision Petition against the dismissal of execution petition for arrears of rent – Tenant failed to pay arrears on the adjourned date due to a "no work day" observed by lawyers – Court held that nothing precluded the tenant from paying/depositing arrears despite the "no work day" – Petition di...
Urban Rent Law - Leave to Defend - Revision petition challenging dismissal of application for leave to defend by tenant - Petitioner did not raise grounds of building classification before Rent Controller - Held, parties cannot go beyond pleadings, especially in applications for leave to defend - Affidavit of tenant is the only relevant document at the stage of granting leave - Petition dismissed....
High Court Judges (Conditions of Service) Act, 1954 - House Rent Allowance – Writ Petition – Entitlement to benefits as admissible to a sitting Judge – Petitioner, retired judge and President of State Consumer Disputes Redressal Commission, denied official residence – Held, entitled to HRA @ Rs. 6000/- per month – Respondent's failure to provide accommodation viol...
Rent Law - Bona Fide Requirement of Landlord - Judicial Review – The petitioner contested the eviction order on the basis that the landlord, who is 74 years old with health issues, lacked bona fide intent to start a business. The court held that the landlord's advanced age and health conditions cannot be grounds to question his bona fide needs. The landlord is the best judge of his needs...
Rent Law - Amendment of Ejectment Petition - Procedural Fairness – Landlady sought to amend the ejectment petition by including necessary ingredients under Section 13(3)(a)(i)(b)(c) of the East Punjab Urban Rent Restriction Act – Application for amendment dismissed by Rent Controller as it was filed at a late stage after cross-examination and closing of evidence – Revision allowe...
Civil Procedure - Amendment of Pleadings - Bona Fide Intention – Petition for amendment of eviction petition and impleadment of Praveen Prakash Kanwal as petitioner No.2 claiming independent landlord status – Held, amendment permissible as long as material pleadings are not altered or substituted and the amendment is bona fide – No mala fide intention found, and amendment necessa...
Rent Law - Eviction for Bona Fide Requirement - Personal Necessity – Landlord filed ejectment petition for the bona fide requirement of setting up his son – Concurrent findings by lower courts ordering eviction – Petitioner contended that during pendency of the proceedings, landlord’s son had let out another property – Petitioner's application for amendment under ...
Rent Law - Bona Fide Requirement - Landlord's Right to Eviction – Eviction petition filed in 2010 for the landlord’s sons’ use upheld by Rent Controller and Appellate Authority – Tenant contended property was sold and sons’ needs not genuine due to their marriage and existing businesses – Held, sons dependent on landlord for residence and business – Sa...
Rent Law - Landlord-Tenant Dispute - Impleadment of Third Parties – Petitioner/landlord filed for ejectment of tenant – Respondents No. 1 & 2 filed for impleadment claiming ownership of mortgaged property – Rent Controller allowed application – Held, dispute of ownership should be decided by Civil Court, not Rent Controller – Third-party claiming ownership is not ...