Judgment Search Results Home > Cases Phrase: delhi rent act 1995 Court: punjab and haryana Page 10 of about 19,532 results (0.137 seconds)

Satish Kumar Vs. Shanti Devi and ors.

Court : Punjab and Haryana

Reported in : (2008)151PLR312

..... it has also been noticed that owner of a property would not be deemed to be a landlord under the rent act in absence of any relationship of landlord and sitting tenant. ..... plea further is that a decree under execution had been got passed by the decree holder by playing fraud with the court of rent controller and this decree was got passed by forging documents like rent note etc. ..... it is further noticeable that mere denial of relationship of landlord and tenant can not oust the jurisdiction of the rent controller. .....

Mangat Rai Gupta Vs. Basheshar Nath and ors.

Court : Punjab and Haryana

Reported in : (1999)123PLR727

..... the order dated 19.1.1983 passed by the appellate authority rupnagar (ropar) under the east punjab urban rent restriction act, 1949 (hereinafter called the act) vide which learned appellate authority set aside the order dated 28.5.1982 passed by the rent controller under the said act vide which the petition under section 13 of the said act of the landlord was allowed and the tenant and his sub tenants were directed to vacate the ..... 3 of 1949) lays down that a landlord may apply to the controller- for an order directing the tenant to put the landlord in possession in the case of rented land if he requires it for his own use and he is not keeping in the urban area concerned for the purpose of his business and other such rented land and he has not vacated such rented land without sufficient cause after the commencement of this act in the urban area concerned. ..... 13 of 1949) lays down that a tenant in possession of a building or rented land shall not evicted therefrom in execution of a decree passed before or after the commencement of this act or otherwise and whether before or after the termination of the tenancy except in accordance with the provisions of this ..... section 13(1) of the act lays down that a tenant in possession of a building or rented land shall not be evicted therefrom in execution of a decree passed before or after the commencement of this act or otherwise and whether before or after the termination of the tenancy, except in accordance with the provisions of this section .....

Amrit Sagar Kayshap Vs. Shri Mohinder Singh

Court : Punjab and Haryana

Reported in : (2004)138PLR311

..... the landlord in this petition under section 15(5) of the east punjab urban restriction act, 1949 the re in alter referred to as 'the act') assails the legality of the order dated 28.1.1989 passed by the appellate authority, chandigarh whereby the appeal of the petitioner against the order dated 21.8.1987 of the rent controller, chandigarh seeking ejectment of the tenant-respondent has been dismissed.2. ..... shri amit jhanji, advocate appearing for the respondent however contends that the rent' controller and the appellate authority under the act have recorded a firm finding of fact that the rate of rent in respect of the demised premises in rs. ..... in the circumstances and in view of the evidence and material on record, the rent controller and the appellate authority under the act have reached at a finding of fact that the rate of rent of the demised premises is rs. ..... therefore, in terms of the proviso to section 13(2)(1)(i) of the act, the tenant is deemed to have duly paid or tendered the rent within the lime indicated in section 13(2)(1).13. ..... shri atul kashyap, learned counsel appearing on behalf of the petitioner has contended that the rent controller and the appellate authority under the act committed a material irregularity in deciding issues no. ..... the respondent-tenant filed his written statement in which he look the stand that the petition is barred by the principles of res judicata and section 14 of the act, in view of the earlier decision between the parties in rent application no. .....

Present:- Mr. H.N. Mehtani Advocate Vs. Shri Jagdish Singh Khehar and ...

Court : Punjab and Haryana

..... chandigarh not himesh sablok was ever authorized to mortgage the property by way of deposit of the title deeds with the bank; there was no proper mortgage as per provisions of section 58 of the transfer of property act, therefore, the decree was not binding upon the objector; the mortgage actually not having taken place, could not be subjected to sale for recovery of the loan amount and the civil court had ..... that owner of a property would not be deemed to be a landlord under the rent act in absence of any relationship of landlord and sitting tenant. ..... maruthi rao, manu/sc/0235/1964: [1964].6 scr 727.wherein the apex court ruled as under: section 58(1) of the transfer of property act defines a mortgage by deposit of title deeds thus: where a person in any of the following towns, namely, the towns of calcutta, madras and bombay..delivers to a creditor or his agent documents of title to immovable property, with esa ..... in either case it does not operate as an actual conveyance though it is enforceable in equity; whereas under the transfer of property act, a mortgage by deposit of title deeds is one of the modes of creating a legal mortgage whereunder there will be transfer of interest in ..... indeed a proviso has been added to section 48 of the registration act by amending act 21 of 1929, it says: provided that a mortgage by deposit of title deeds as defined in section 58 of the transfer of property act, 1882, shall take effect against any mortgage deed subsequently, executed and registered .....

Daulat Ram Ram Kishan Dass Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (1995)111PLR439

..... heard the learned counsel and perused the impugned order of the additional district judge, admittedly, there was delay in filing the appeal and so while filing the appeal, an application under section 5 of the limitation act along with duly sworn affidavit was filed for condoning the delay. ..... the plaintiff filed an appeal against the judgment and decree of the trial court accompanied by an application under section 5 of the limitation act that the delay in filing the appeal be condoned. ..... parties to appear before the additional district judge, karnal, on 21.9.1995. ..... partner of the firm could very well arrange the funds for filing the appeal and so even if ram kishan dass fell ill this is no ground for condoning the delay under section 5 of the limitation act.4. .....

Mrs. Santosh Tangri Vs. Ved Matta

Court : Punjab and Haryana

Reported in : (2003)133PLR235

..... , having regard to the time normally consumed for adjudication the 10 years exemption or holiday from the application of the rent act would become illusory, if the suit has to be filed within that time and be disposed of finally. ..... respondent has stated in the said application that he has stopped using the premises for the purpose of dry-cleaning in the year 1995 and has started using the same for selling gift cards, posters, stationery in the demised premises in the name of matta gallery. ..... that will make the 10 years holiday from the rent act illusory and provide no incentive to the landlords to build new house to solve problem of shortages of ..... hon'ble supreme court in the said case was considering whether a suit filed within the exemption period from the operation of the rent act can be continued after the expiry of exemption period. ..... premises provided the tenant furnishes an undertaking before thetrial court within one month from today undertaking to hand over the physical vacantpossession of the premises to the landlord and pay the entire arrears of rent and continueto pay monthly rent till eviction of building, failure of which entitle the landlord to theexecution of the order. ..... where local laws provide a specific prohibition in respect of the use of the premises under the rent legislation and that provision has been interpreted in a particular manner by the high court consistently, it would not be proper to disturb the course of decision by interpreting that provision ..... 1995 .....

Roshan Lal Soni Vs. Jagan Nath

Court : Punjab and Haryana

Reported in : (1999)121PLR828

..... consequently, bath the revisions are dismissed with the observations that the delay in filing the appeal against the judgment and decree dated 29.9.1995 had been rightly condoned by the learned first appellate court, while the appeal against the rejection of the review application dated 27th august, 1996 would obviously be within time having presented on ..... coming to the second submission, it is clear from the record that the application under section 5 of the limitation act was accompanying both the appeal the reasons stated for seeking condonation of delay was that the applicant was pursuing the remedy of review for the period the delay ..... relevant dates are; suit was decreed by judgment and decree dated 29th september, 1995; review application was filed on 29th november, 1995; review was dismissed on 27th august, 1996 and both the appeals were presented before the learned first appellate court on 27th ..... the learned first appellate court appears to be not in consonance with the provisions of the limitation act and the principle enunciated by the hon'ble apex court. ..... one against the judgment and decree dated 29th september, 1995 and other against the same judgment and decree and the order dismissing the review application dated 27th ..... the applications under section 5 of the limitation act for condonation of delay in filing the appeal. ..... period spent by the respondent in prosecuting the review application, could be excluded under the provisions of section 14 of the limitation act, 1963. .....

Hari Singh and ors. Vs. Gurbachan Singh and ors.

Court : Punjab and Haryana

Reported in : (2004)137PLR182

..... in the application filed under section 5 of the limitation act seeking condonation of delay emerging out of the belated filing of the certified copy of the judgment and decree of the trial court dated 21.5.1982, it is expressly asserted that the applicant did not approach the copying ..... it is, therefore, apparent that the lower appellate court ignored to take into consideration relevant material while adjudicating upon the application preferred under section 5 of the limitation act for condonation of delay.5. ..... the judgment and decree were appended to the appeal on 7.8.1982, the period of limitation stipulated for preferring the appeal had expired, it is on the aforesaid account that an application was moved under section 5 of the limitation act for condonation of delay. .....

Lalit Behari Vs. Sant Lal

Court : Punjab and Haryana

Reported in : AIR1974P& H339

..... j; in panna lal's case (1963) 65 pun lr 528 nor of course in the manner, adopted in the delhi and ajmer-merwara rent control act, 1947, and it is therefore not permissible to foist that particular arrangement on the arrangement considered proper by the legislature itself, the submission in the result being that, as the provision ..... words 'at the instance of the government or local authority or any improvement trust' appear instead of the words 'at the instance of the government or delhi improvement trust' the wording of the two sub-sections is identical, and although as it stands the words of the punjab act are capable of the interpretation placed on them by the learned appellate authority that all that has to be pleaded and proved by the landlord is that ..... consider that the matter was erroneously decided by the courts below and that under the provisions of section 13 of the punjab act the landlord can claim eviction of the tenant if he pleads that the building or the rented land has become unfit or unsafe for human habitation and it is not necessary for him to further plead or prove that ..... section 13(3)(a) o the punjab act, was primarily influenced by the arrangement adopted in the corresponding provision in the delhi and ajmer-marwara rent control act. ..... , air 1968 delhi 299(fb), it was ruled that it was not necessary for the landlord while establishing the ground mentioned in section 13(3)(a)(iii) of the east punjab rent restriction act to plead and prove that the premises were .....

Abdul Wahab Vs. Phiraya Lal

Court : Punjab and Haryana

Reported in : AIR1959P& H586

..... therefore, as far as the delhi rent control act of 1947 was concerned, an appeal could lie to a court of a subordinate judge who was empowered to hear appeals, it may be mentioned that neither the punjab courts act nor the act of 1947 placed any restriction upon the number of subordinate judges who could be empowered to hear appeals from other subordinate ..... the argument of the learned counsel for the petitioners may be summed up briefly under four heads-(1) the appeals under the delhi and ajmer rent control act, 1952 which will hereinafter be referred to as statute, lie to the court of senior subordinate judge where the value does not exceed two thousand rupees, to the court of district judge where the value exceeds ..... far as the rent control law is concerned light is thrown by the rules made under the delhi and ajmer-merwara rent control act, 1947. ..... in the state of delhi two, three or more subordinate judges could have been empowered to hear appeals and all of them could have been described as senior subordinate judges for the purposes of the rent control act of 1947.the statute of 1952 unfortunately does not contain a definition of 'senior subordinate judge', but the term 'senior subordinate judge' was clearly known to everyone and the legislature may either have inadvertently ..... and 537-d of 1957 and 427-d, 428-d and 594-d of 1958), namely, whether the additional senior subordinate judge had jurisdiction to hear appealsunder section 34 of the delhi and ajmer rent control act, 1952. .....