Judgment Search Results Home > Cases Phrase: delhi rent act 1995 Court: punjab and haryana Page 1 of about 19,532 results (0.205 seconds)

Chander Bhushan Anand and ors. Vs. Union of India (Uoi) Through Financ ...

Court : Punjab and Haryana

Reported in : (2005)139PLR400

..... 3,500/- or above from the provisions of delhi rent act was not upheld by the supreme court solely on the basis that exemption was granted by the legislature itself and the other reasons given by their lordships in support of such exemption, equally apply to the facts ..... learned counsel for the petitioners at some length and by taking brief notice of his submissions having regard to the constitutional philosophy enshrined in the preamble of the constitution of india and having regard to the object of the rent act which is a social piece of legislation, we considered it expedient to give an opportunity to the chandigarh administration to have a rethinking in the light of our observations so that a balance could be maintained between the rights of tenants as well as landlords, to which shri rajiv ..... classification is found to have a nexus with the object sought to be achieved: that no vested right of the tenants has been violated as they had the rights and remedies under the rent act and have lost the same once the protection under the rent act has been taken away; it is well settled that rights and remedies are not vested ones; and that the protection given to tenants does not create any vested ..... alapati jalaiah, (1995)3 s.c.c. ..... union of india,15 (1995)1 s.c.c. ..... , 1995 suppl.(3) s.c.c. ..... alapati jalaya, 1995(2) r.c.r. ..... union of india, 1995(1) r.c.r. .....

Junaid Ali Khan and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1999P& H124; (1998)120PLR229

..... (1995) 1 scc 104 : (1994 air scw 5011) (supra) appellant filed a writ petition in the delhi high court challenging the validity of newly inserted section 3 (c) in the delhi rent control act, ..... (c) provided that delhi rent control act, 1958 shall not apply to any premises whether residential or not whose monthly rent exceeds rs. ..... of the act became applicable with effect from 1-4-1995 to the urban areas of mohali and all the buildings and rented lands became entitled to the protection of the rent act. ..... in spite of the applicability of the east punjab urban rent restriction act to urban area of mohali, the state government issued notification purportedly in exercise of the powers under section 3 of the act whereby it exempted applicability of the act and the rented land in the entire urban area for a period till 31-3-1995 but subsequently modified such notification on 6-3-1997 applying such notification with retrospective ..... was for a period till 31-3-1995 exempting the applicability of life act to buildings and rented lands in the entire area of mohali, notification annexure p-2 dated 6-3-1997 operative retrospectively with effect from 1-4-1995 to 31-3-2000 is valid.12. ..... ) and all other powers enabling him in this behalf directed that the provisions of the said act shall not apply to the buildings and rented lands situated in the urban area administered by the municipal council, sahibzada ajit singh nagar, (mohali), for another period of 5 years with effect from 1 -4-1995 to 31-3-2000. .....

H.N. Sood Vs. Vinod Kumar and ors.

Court : Punjab and Haryana

Reported in : (1996)113PLR611

..... that provisions of section 13(1)(1) of bombay rents, hotel and lodging house rates control act, 1947 and of section 14(l)(h) of delhi rent control act, 1958 are pari materia with the provisions of section 13(3)(a)(iv) of the act. ..... (supra), another single bench of delhi high court has considered the provision of section 14(1)(h) of delhi rent-control act, 1958. ..... that under section 2 (h) tenant is defined, meaning thereby 'any person by whom or on whose account rent is payable for a building or rented land and includes a tenant continuing in possession after the termination of his tenancy and in the event of such person's (tenant) death, such as are mentioned in the schedule appended to this act and who were ordinarily residing with him at the time of his death,........ ..... sarla devi filed an ejectment petition under section 13 of the haryana urban (control of rent and eviction) act, 1973 (in short the 'act') for ejectment of the respondent-petitioner-tenant on the grounds of non payment of rental arrears, ceased to occupy the demised premises and lastly that the respondent's wife has purchased ..... even though the rent act is for the protection of the tenant, at the same time, under the protection of the said provision, the tenant cannot be permitted to do business out of ..... krishna mahadeo, 1995(2) rent law reporter 493 ..... has assailed the ejectment order passed by the rent controller on 18.3.1992 and the lower appellate court's order dated 11.11.1995, whereby ejectment order is affirmed.2. .....

Jainti Parshad JaIn Vs. Municipal Committee Ferozepore City and Anothe ...

Court : Punjab and Haryana

Reported in : AIR1997P& H287; (1997)117PLR487

..... dewan daulal rai kapowr (air 1980 sc 541) arose under the punjab municipal act, 1911 (asapplicable to delhi) and the delhi rent control act, 1958. ..... if any, made by the state government in this behalf, the rateable value of any land or building assessable to taxes specified in section 91 shall be - (a) in the case of land, ihe gross annual rent at which it may reasonably be expected to let; (b) in the caseof any building, the gross annual rent at which such building, together with its appurtenances and any furniture that may be let for use for enjoyment therewith, may reasonably be expeclcd to let, subject to the ..... section 93, rateable value of the land and building, assessable to taxes, has to be determined, in the case of land, at the gross annual rent at which it may reasonably be expected to let and, in the case of a building, at the gross annual rent at which such building together with its appurtenances and furniture that may be let for use for enjoyment therewith, may reasonably be expected to let. ..... town rate payers' association, (1971) 2 scr 423: (air 1971 sc 353), were distinguished on the ground that those cases had decided that standard rent was required to be determined under the relevant rent control law because, under the relevant municipal act, there was no non obstante clause in the provisions in respect of the annual rental value. ..... municipal for the city of ahmedabad, (1995) 4 jt (sc) 310 (supra) ..... , municipal corporation for the city of ahmedabad, (1995) 4 jt (sc) 310. .....

*** Vs. Romesh Kumar and Others

Court : Punjab and Haryana

..... the respondent-landlords filed a petition under section 13 of the east punjab urban rent restriction act, 1949, seeking the ejectment of the petitioners from the demised premises on the ground of non-payment of rent for the period 1.8.1994 till 21.7.1995. ..... for the aforesaid reason that the petitioners failed to prove that the rent note (exhibit p-1) was a result of forgery by not producing any cogent evidence, i am of the view that the best evidence produced by the respondents in the instant case necessarily had to be preferred over the solitary statements of the ..... but the grievance of the petitioners now is that since rathore poonam c.r.no.809 of 2013 (o&m) -2- 2014.03.10 14:03 i attest to the accuracy and integrity of this document the rate of rent was ` 10,000/- as per exhibit r-1, they should be refunded the excess amount. ..... these were matters to be proved by the petitioners but no evidence was led by them except for the bald statements of the petitioners themselves as against the evidence of the respondents, who proved the rent note (exhibit p-1) by producing handwriting experts and other related material. ..... it was pleaded that the rate of rent, as per the rent agreement (exhibit p-1) dated 22.3.1990 is ` 11,000/- ..... the learned rent controller directed the petitioners to deposit the rent @ ` 11,000/-, as per the rent note produced by the respondents, which was deposited ..... the petitioners refute exhibit p-1, the rent note produced by the respondents, on the plea of fraud and forgery .....

Gurbir Kaur and anr. Vs. Surinder Singh and ors.

Court : Punjab and Haryana

Reported in : (1997)115PLR65

..... and engineering works (supra) cited by the counsel for the tenants has no applicability to the facts of the present case as the said authority is under delhi rent control act and the words used in the act, are 'the controller shall grant leave' whereas under section 18-a of the punjab act, the words used are 'the controller may give to the tenant leave to contest the application'. in dr. d.n. ..... in the interest of justice, the tenants are allowed one month's time to vacate the premises subject to the condition that they pay all the arrears of rent including the period of one months during which they are to vacate the premises within one week from today and also file an undertaking that they would vacate the ..... the argument of counsel for the tenants that the landlord could have sought the ejectment from the demised premises under the transfer of property act by service of notice under section 106 and in that eventuality the things would have been much easier for him as there was no need of giving any reason for ..... provisions of east punjab urban rent restriction act, 1949 from 28.12.1983 till 31.3.1995. ..... arguments of counsel for the tenants has argued that the punjab government had issued notification dated 9.2.1984 whereby the provisions of the act were made applicable to the urban area of mohali with effect from 1.4.1995. ..... the notified area committee of mohali was exempt from the provisions of east punjab urban rent restriction act, 1949 from 28.12.1983 till 31.3.1995. ..... 1.4.1995. .....

The Punjab and Sind Bank and ors. Vs. Kashmir Singh Bhullar

Court : Punjab and Haryana

Reported in : (1996)113PLR571

..... while dealing with the provisions of sections 25b(40), 14(1) proviso (e) of delhi rent control act, 1958 the apex court has held that 'leave has to be granted when eviction is sought on the ground of bonafide personal requirement and that ground is disputed by the tenant. ..... facts of the case are that the landlord-petitioner-respondent filed ejectment petition under section 13-a of the east punjab urban rent restriction act, 199 (in short the 'act') for respondent-petitioners' ejectment from the demised premises comprising basement, ground floor and first floor of house no. ..... ' in sunil kumar's case (supra), a single bench of this high court has held that the rent controller cannot go into the question of sufficiency or insufficiency of accommodation with the landlord. ..... (supra), a single bench of this high court has held that if the specified landlord is seeking additional accommodation being already in possession of four rooms and a kitchen, leave to defend should be given to the tenant because the rent controller is required to examine whether the existing accommodation was enough or hot. ..... therefore, the aforementioned certificate should not have been relied on by the rent controller to hold that the petitioner-respondent-landlord is a specified landlord. ..... the rent controller is a persona designation under the act, who acts as a quasi-judicial tribunal to decide the matter covered by the act and thus has not the trappings of a civil court ..... jagmohan singh, (1995-3)111 plr 533 and prof. .....

Devinder Vs. Ram Dass

Court : Punjab and Haryana

Reported in : (1998)120PLR734

..... present revision petition has been filed by davinder (hereinafter described as 'the petitioner) directed against the judgment of the learned rent controller, rohtak, dated 26.4.1995 and that of the appellate authority, rohtak, dated 1.4.1997, affirming the findings of the learned rent controller. ..... the court is aware that there is concurrent findings of fact by the rent controller and the appellate authority and, therefore, this court in exercise of its revisional jurisdiction will not upset the ..... relevant facts are that respondent ram dass had filed a petition for eviction against the petitioner under section 13 of the haryana urban (control of rent and eviction) act, 1973 (for short 'the act'). ..... by virtue of the impugned judgment of the learned rent controller had passed an order of eviction against the petitioner holding that he is ceased to occupy the demised premises for a continuous period of four months without reasonable ..... in the event the provisions of the act will not be an embargo on the high court in setting aside such findings so arrived ..... , 1976 rent control reporter 584 while considering analogous provisions of madhya pradesh accommodation control act held that if the findings of the lower appellate court have been arrived at ignoring important and relevant evidence, it would be bad in ..... 16, delhi gate, rohtak, the grounds of eviction were taken that the petitioner has failed to pay the arrears of rent for a period of 39 months and has impaired the value and utility of the .....

Punjab National Bank Vs. Pritam Singh and anr.

Court : Punjab and Haryana

Reported in : (1995)110PLR267

orderh.s. bedi, j.1. one of the arguments raised by the learned counsel for the petitioner is that the hon'ble supreme court while deciding s.l.p. no. 4216 of 1988 dev brat sharma v. dr. jagjit mehta, (1990-2)108 p.l.r. 637 (s.c.) had observed that the ration of the judgment raised in the full bench decision of this court in hari mittal v. b.m. sikka, (1986-1)89 p.l.r. 1 (f.b.) would not strictly be applicable in the present case, as its ratio was only applicable to the union territory chandigarh unless it would further be shown that the building in question of which the eviction is sought on the ground of personal necessity, arising out of a change of use is situated in a residential area as per sanctioned scheme. as this aspect of the matter was not taken note either by the rent controller or by the appellate authority and relying solely on hari mittal's case, the matter has been decided against the petitioner, i deem it appropriate that a report be called for from the rent controller, who after making such investigation as necessary, would submit a report to the effect as to whether the demised promises are situated in a residential or commercial area and also whether there is a scheme duly framed under the punjab municipal act or some other statute. the report be submitted by 7.4.1995. case to come up on 18.4.1995. the parties are directed to appear before the rent controller on 6.2.1995.

Rakesh Kumar Sharma Vs. Madan Mohan Seth and ors.

Court : Punjab and Haryana

Reported in : (1995)110PLR323

..... para four of the affidavit, it has been stated that no doubt two separate applications were filed for eviction of two separate set of tenants and both these applications have been allowed by the rent controller but all the same respondent has not taken the possession of the premises and now wishes to take possession from the petitioners alone. ..... petitioner (landlord) filed an application under section 13-a of the east punjab urban rent restriction act for the ejectment of the respondent from the premises in dispute on the ground that applicant is a landlord who retired from punjab government service on 31.8.1991 as senior assistant, office of the controller of stores, punjab, ..... another affidavit has also been filed by the respondent dated 14.3.1995 stating therein that he will only take possession of the premises under possession of the ..... during the arguments on 2.3.1995 an oral assertion was made by the learned counsel for the petitioner to the effect that another tenant whose eviction too was sought by the respondent under section 13-a of the act has already vacated and delivered back the possession of the premises and so the present petition deserves to be allowed on this ..... the direction of the court, an affidavit was filed by madan mohan seth on 2.3.1995 which was taken on record. ..... the affidavit filed by shri madan mohan sethi on 2.3.1995. ..... is dated 20.2.1995 i.e. ..... on 14.3.1995 petitioner filed an application to place on record an affidavit ..... adjourned for arguments on 14.3.1995. .....