Rent Control – NRI Landlords – Right to Eviction – NRI purchasers of property can invoke summary jurisdiction under Section 13-B of the East Punjab Urban Rent Restriction Act after five years of ownership, irrespective of who initially let out the premises – Distinction between 'landlord' and 'owner' critical – High Court order upheld, confirming evict...
Rented Land – Use as Club Pavilion – The definition of "rented land" under Section 2(f) of the Haryana Urban (Control of Rent and Eviction) Act 1973 includes land used for business purposes, which need not be commercial. The term "business" encompasses charitable activities or those in the interest of the public. Therefore, using land for a club pavilion falls withi...
Contempt of Court – Non-Compliance with Court Orders – Refund of Lease Rent – The petitioners alleged that NOIDA did not comply with the Supreme Court's directions to refund the lease rent for the remainder period after the plot is sold. The Supreme Court held that the one-time lease rent paid by the petitioners represents the entirety of the lease period, and thus, the compo...
Rent Law – NRI Landlord – Leave to Contest – NRI landlord sought eviction for settling permanently in Amritsar – Tenant failed to file an affidavit with the application for leave to contest – Held, leave to contest must follow procedure under Section 38(7) – Rent Authority to examine tenant’s entitlement within limited aspect of Section 24(3) – Tenan...
Eviction – Bonafide Need – Burden of Proof – Landlord sought eviction for settling son and daughter-in-law, claiming no other business space – Held, landlord’s averments of no other space sufficient, tenants must disprove – No need for landlord to prove non-existence of premises if such situation never existed – Landlord’s silence on rear residential...
East Punjab Urban Rent Restriction Act, 1949 - Interpretation of 'building' and 'basic amenity' - Revision against interim direction to open locked bathroom - Held, bathroom/toilet considered as basic amenity essential for tenant's use notwithstanding its omission from the rent deed.
Basic Amenities - Tenant's Right to Use Bathroom - Analysis - Held: Notwithsta...
Rent Law – Bona Fide Requirement – Conversion from Residential to Non-Residential Use – Petitioners sought eviction of tenants for bona fide requirement of non-residential use – Rent Controller and Appellate Authority dismissed petitions on grounds that residential premises let out for residential use cannot be evicted for non-residential use – Held, word “resid...
East Punjab Urban Rent Restriction Act, 1949 - Assessment of Provisional Rent - Rent Controller’s duty to assess provisional rent upon tenant's request - Tenant requested provisional rent assessment at the first appearance - Rent Controller failed to assess rent and dismissed the petition on the ground of non-payment - Appellate authority ordered eviction - Held, Rent Controller is oblig...
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 - 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...