Judgment Search Results Home > Cases Phrase: delhi rent act 1995 Court: punjab and haryana Page 2 of about 19,532 results (0.095 seconds)

Sardar Singh Vs. Krishan Lal Bharti

Court : Punjab and Haryana

Reported in : (2005)139PLR381

..... after having chosen not to appear before the rent controller on 14.12.1995, the petitioner filed an application before the rent controller in 2001 under order 9 rule 7 of the code for setting aside the ex ..... section 15(6) of the haryana urban (control of rent and eviction) act, 1973 (for brevity 'the act') prays for quashing order dated 8,6.2001 passed by the rent controller, rohtak declining the application of the sub-tenant/petitioner to set aside the ex parte proceedings taken against the petitioner after 14.12.1995.2. ..... application has not been supported with any application for condonation of delay under the limitation act for filing the present application is apparently time barred because of the fact that the ..... rakesh nehra, learned counsel for the respondent has argued that on 14.12.1995, the petitioner has duly received the summons and according to the endorsement made on the summons, he has shown complete lack of interest in the ..... after the receipt of summons, the court recorded in its order dated 14.12.1995 that the service is complete although no express order of ex parte against ..... moreover, certified copy of the judgment dated 15.6.2002 passed by the rent controller, rohtak shows that ejectment of the petitioner along with another has already been ordered ..... case are that the landlord-respondent mahesh chander (later substituted by the present landlord-respondent, who is the subsequent vendee) filed an ejectment petition under section 13 of the act being rent petition no. .....

Present:- Mr. H.S. Baidwan Advocate Vs. the Financial Commissioner, Ha ...

Court : Punjab and Haryana

..... (3) of the said section shall also apply in relation to such application, provided that the tenants rights to compensation, and acquisition of occupancy rights, if any, under the punjab tenancy act, 1887 ( xvi of 1887), shall not be affected; [provided that if the tenant makes payment of arrears of rent and interest, to be calculated by the assistant collector, first grade, at eight percentum per annum on such arrears together with such costs of the application, if any, as may be allowed ..... amar singh and others, 2008 (1) plr503 while examining section 9(1)(ii) and section 14-a(i) of the act, held that the said proviso would cast a duty upon the assistant collector to calculate the amount of rent so as to enable the tenant to satisfy the petition of the landlord, especially where the tenant disputed the claim on the ground that it was an exaggerated amount, which has been claimed. ..... the financial commissioner held that the appellant could have taken recourse to section 14(iii) of the act and filed an application for depositing the batai as per the accrued rent since the case was filed in the year 1995 and was decided in 2011.9. ..... the submission made before the learned single judge was that section 14-a(i) of the punjab security of land tenures act, 1953 (in short 'the act') was pari materia to section 13(2)(i) of the east punjab urban rent restriction act, 1949 and haryana urban (control of rent and eviction) act, 1973. .....

Abnash Chander and anr. Vs. Mulakh Raj (Died) Through His Lr and anr.

Court : Punjab and Haryana

Reported in : (1997)116PLR482

..... (1) notwithstanding anything contained in any other provision of this act, a landlord shall be entitled to increase the rent of a building or rented land if after the commencement of this act a fresh rate, cess of tax is levied in respect of the building or rented land by any local authority, or if there is an increase in the amount of such a rate, cess or tax being levied at the commencement of the act:provided that the increase in rent shall not exceed the amount of any such rate, ..... to this clause providing that a tenant can save himself from eviction on the ground of non-payment of rent if he, on the first date of hearing of the application for ejectment, pays or tenders the arrears of rent and interest @ 6 per cent per annum on such arrears together with costs of the application for eviction assessed ..... he contended that the landlord sent telegraphic notice to the tenant only on 15.6.1976 exercising his right for increase in rent to the extent of house-tax paid to the municipal authorities and the tenant having paid the house-tax with effect from 15.6.1976, no order ..... he also contended that in the first eviction application, rent controller assessed the costs of the eviction application on 23.10.1975 and on that very day, arrears of rent together with interest and costs were tendered and paid to the landlord and therefore, the authorities below have acted illegally in exercise of their jurisdiction in holding that 6.10.1975 (the day when ex-parte proceedings were set ..... 1995 ..... 1995 .....

Balwant Rai Tayal Vs. Subhash Oil Company and anr.

Court : Punjab and Haryana

Reported in : (2003)135PLR152

..... petition cannot be considered as improperly instituted; ande) that the appellate authority is not vested with the power of remand under section 15 of the act, criticising the reasoning adopted by the appellate authority, the learned counsel has submitted that the appellate authority proceeded on the assumption that the rent controller has decided the ejectment petition vide its order dated 27.2.1998 without entering on merits of the controversy, according to the learned counsel ..... view of the chief justice reads as under:-'i do not, however, consider that decision applied to the present case in which it is not so much a matter of the learned rent controller's not having dealt satisfactorily with some point which arose in the case as of his not having dealt with the merits at all after accepting certain preliminary objections. ..... the ejectment was sought on the ground of arrears of rent from 1.1.1995, material impairment of the value and utility of the demised premises and material alterations by the tenant-respondents by raising unauthorised construction of rooms ..... the learned counsel also made a reference to an interlocutory order dated 6.11.1995, annexure a5, passed by the additional district judge, hisar which shows that the landlord-petitioner was fully aware that phool chand had died leaving behind his heirs mentioned in the application dated 25.10.1994 ..... , (1995-1)109 p.l.r ..... annexure a4 is an application to implead the legal representatives of phool chand who had died on 1.6.1995. .....

B.D. Sharma Vs. Narinder Kumar Arya

Court : Punjab and Haryana

Reported in : (1996)113PLR599

..... mehta, learned senior counsel appearing on behalf of the tenant drew my attention to sub-para (v) of para 1 of the affidavit dated 16th january, 1995, filed by the tenant before the learned rent controller and submitted that in this paragraph it was clearly alleged that the fact of insufficiency of accommodation with the landlord was not correct because the entire upper portion of the ..... the respondent-landlord-owner (hereinafter referred to as the landlord) filed a petition under section 13 of the east punjab urban rent restriction act, 1949 (hereinafter referred to as the act) for eviction of the tenant from the annexe portion other than the garage and one small room (shown in the site plan as abcdef and ..... the tenant filed an application dated 16th january, 1995 under section 18(5) of the act seeking leave of the rent controller to appear and contest the petition filed by the landlord under section 13-a of the act, along with this application, the tenant also ..... aggrieved by the order, dated 18th july, 1995, passed by the learned rent controller rejecting the application of the tenant filed by him under section 18(5) of the act and allowing the petition of the landlord under section 13-a of the act, the present petition has been filed by ..... the learned rent controller by his order, dated 18th july, 1995 rejected the application filed by the tenant under section 18(5) of the act and held that no case for grant of leave to contest under section 18(5) of the act had been made out .....

Present: Mr. Prem Nath Aggarwal Advocate Vs. Versus

Court : Punjab and Haryana

..... abovesaid discussion is that the proviso to clause (i) of sub-section (2) of section 13 must be read as obliging the controller to assess, by means of passing an order, the arrears of rent, the interest and he costs of litigation all the three, which the tenant shall pay or tender on the firs.date of hearing of the main petition following the date of such assessment ..... 1st grade passed the order of ejectment on 09.11.2011 on the ground that the petitioner has failed to prove the payment of `100/- per acre per year towards rent and no evidence has been brought on record to prove that the land in question was sold to the petitioner by the landlord @ `24,000/- per acre. ..... in installation of a tube-well, construction of service road connecting the factory to the main road and for repair and paint of all the three sheds and claimed that the rent controller may determine the rent kumar vino.2013.08.12 10:54 i attest to the accuracy and integrity of this document chandigarh cwp nos.16264, 16268 & 16283 of 2013 [9]. ..... under section 24 of the act before the financial commissioner which was also dismissed on 15.07.2013, inter alia, observing that the eviction application was filed in the year 1995 which was finally decided by the assistant collector 1st grade on 09.11.2011, i.e.after a period of 16 years.after affording ample opportunities to the petitioner to deposit the rent claimed by the respondent ..... rentlr 44.and m/s belliss india limited 18, community centre, east of kailash, new delhi v. .....

Mohan Lal Vs. Udham Singh

Court : Punjab and Haryana

..... admitted that the notice had been received by him and replied to it would not indicate the acceptance of relationship between the landlord and tenant, more particularly, when the proceedings were initiated before the rent controller in the year 1995 and there is evidence to suggest that the petitioner himself had been paying the lease money to gram panchayat till year 1994 but nothing to show any such transaction thereafter. ..... for the petitioner on the previous suit filed in the year 1989 to say in para 5 of the written statement, filed therein that the respondent was served with notice under section 106 of the transfer of property act but even this notice failed to see the light of the day. ..... it was pleaded that since respondent had not paid the rent since 1989 alongwith house tax he deserved to be evicted from the ..... the resolutions which could have formed fundamental basis of the right of the petitioner to claim rent from the respondent have not been produced by him. ..... was contested by the respondent who denied the averments as also the relationship of landlord and tenant but admitted that the shop belonged to the gram panchayat and that rent was being paid by him directly to the gram panchayat. ..... , it is difficult to understand in the absence of evidence as to what subsisting right petitioner had in his favour to claim the existence of lease from gram panchayat when the proceedings against the respondent were initiated by him in 1995 and his lease possibly extinguished in 1994. .....

Charan Singh Vs. Municipal Committee, Rania and Others

Court : Punjab and Haryana

Reported in : AIR1996P& H207; (1996)113PLR707

..... it will be useful for us to incorporate the definitions of various clauses and for our advantage we would like to incorporate the definitions of 'premises' and 'public premises' given in section 2(d) and section 2(e) of the 1972 act, respectively, and which are as under :--'(d) 'premises' means any land, whether used for agricultural or non-agricultural purposes, or any building or part of a building and includes :-- (i) the garden, grounds and out-house ..... it was pleaded by the appellants in the writ petitions that the findings recorded by the authorities under the 1972 act could not be sustained, also it was pleaded that the appellants were in cultivating possession of the land as tenants gair maurusi on payment of annual rent at the rate of rs, 80/- per acre under the central government and it cannot be said that their possession ..... asboth the appeals have arisen from one judgment dated 29th march, 1995 delivered by the learned single judge by which he disposed of ..... the new delhi municipal committee, air 1962 sc 554, wherein it was held that the use of the word 'rent' in receipts issued by a municipality to the occupiers of the shops in the market constructed by it is conclusive of the matter that relationship oflandlord and tenant ..... union of india, air 1977 delhi 189, wherein their lordships of the delhi high court held (para 6) :--'where the lease of a tenant is terminated or the allotment is cancelled the authority under which he was allowed to occupy disappears and he becomes a .....

Punjab National Bank Vs. Pritam Singh and ors.

Court : Punjab and Haryana

Reported in : (1997)117PLR71

..... 16th november, 1985, a letter written by the landlord to the bank that he would be willing to hand-over the entire floor to the bank after making additional construction if a certain specific rent was paid to him for the ground floor as well as for the first floor and has urged that in this view of the matter, the personal necessity of the landlord was suspect. ..... sublet without the permission of the landlord; that there had been a change of user inasmuch as though the property had been rented out for running a branch of the bank, the same was being used for residential purposes; that the tenants had committed such acts which had materially impaired its value and utility and it was further pleaded that the landlord required the same for his ..... sikka's case (supra) would be applicable only to those premises which were situated in a residential or commercial area under a scheme duly framed under the punjab municipal act or some other relevant statute and as there was no evidence to indicate as to whether the demised premises in the present case were a part of such a scheme, the ground of personal necessity was not available to ..... it is, however, made clear that in case, the petitioner files an undertaking before the rent controller and deposits all the arrears of rent up to date with advance rent for the next three months, within four months from today, the ejectment of the petitioner shall remain stayed ..... first came up for hearing before me on 25th january, 1995 when it was argued by mr. .....

Harkaran Singh and ors. Vs. Financial Commissioner and ors.

Court : Punjab and Haryana

Reported in : (2003)134PLR790

..... not find any force in the submission made by learned counsel for the respondents-tenants that the ejectment proceedings before the revenue court under the act are summary in nature and the complicated questions of fact and law regarding relationship of landlord and tenant between the parties cannot be decided and ..... petitioners and their predecessors (hereinafter referred to as 'petitioners-landlords), filed an application on form k-1 under section 9 of the act before the assistant collector 1st grade, jagadhri for ejectment of the respondents-tenants under clause (i) sub-section (1) of section 9 of the act on the ground that they are the small land owners and the respondents-tenants, who were inducted after the year 1956, are ..... from the contract or some other material or evidence that he continued to possess the property not in the capacity as a tenant, for example, he does not pay the rent under one of the terms of contract of sale in order to show that his possession is not in the capacity as a tenant, but in part-performance of the contract. ..... that by execution of the agreement to sell the relationship of landlord and tenant does not change and the tenant is liable to be ejected on the grounds available under the rent act. ..... the assistant collector ist grade, vide his order dated 24.05.1995 (annexure p-9) dismissed the ejectment application filed by the petitioners-landlords while holding that after execution of the agreement to sell, the relationship of landlord and ..... 1995 (2) (rent .....