Search By Topic: Rent Laws

54. (P&H HC) 14-12-2022

A. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 -- Bonafide need of son – Eviction of tenant -- Mortgage of adjoining shop to tenant – Effect of -- Adjoining shop was lying vacant prior to the year 2011, was mortgaged by the landlady with the tenant and the possession was also given to him in lieu of a sum of Rs.4 lakhs, so that she could purchase 1/3rd share in the building -- Son of the landlady completed his diploma only in the year 2012, therefore, the necessity to set up his business only arose thereafter when he was unable to find any suitable employment and could not have possibly arisen prior thereto -- Necessity of the landlady cannot be doubted on the said ground.

(Para 13)

B. East Punjab Urban Rent Restriction Act, 1949 (III of 1949),Section 13 -- Bonafide need of son – Eviction of tenant -- Requirement of a landlord/landlady is presumed to be genuine unless shown to the contrary, by way of cogent evidence – Landlord/landlady being the best judge of his/her requirement, cannot certainly be dictated by a tenant as to how, where and in what manner he/she should or should not start his/her business -- Tenant cannot be allowed to question the financial capacity of the landlord/landlady in eviction proceedings -- Landlady, who is a divorcee, requires the demised premises to set up a business for her only son, so as to settle him -- Necessity of the landlady held to be genuine and bonafide.

(Para 14)

C. East Punjab Urban Rent Restriction Act, 1949 (III of 1949),Section 13(3)(a(ii) – Bonafide need -- Eviction of tenant -- Non-pleadings of statutory ingredients -- Effect of -- Tenant in his written reply has nowhere stated that the landlady had other suitable place for settling her son or that they had vacated any such premises without any sufficient cause after commencement of the Act -- Merely because the ingredients were not pleaded in clear words, such technicality would not be a ground by itself to throw away the petition of the landlady – No prejudice caused to tenant by such non-pleading of the statutory ingredients – Eviction order upheld.

(Para 1, 16, 17)

59. (P&H HC) 22-11-2022

A. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13A, 18A – Specified landlord – Eviction petition -- Leave to defend – Pleadings -- Parties cannot go beyond the pleadings, this is especially true and stringent in case of applications seeking leave to defend -- Affidavit of the tenant is the only relevant document to be seen by the Controller at the stage of granting leave -- Section 13-A of the 1949 Act is applicable only to ‘residential’ and ‘scheduled buildings’’, does not form part of the petitioner’s application for leave to defend before the ld. Rent Controller -- Accordingly, said ground is not available to the petitioner at this belated stage.

(Para 15, 16)

B. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13A, 18A – Specified landlord – Eviction petition -- Leave to defend – It is an unequivocally well-entrenched position in law that leave to contest is to be granted by the Controller, only if the affidavit of the tenant discloses such facts as would disentitle the landlord from obtaining recovery of the demised premises.

(Para 18)

C. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 2(hh), 13A, 18-A – Specified landlord – Eviction petition – Leave to defend -- U/ 13-A only three ingredients have to be seen namely (a) whether the application u/s 13-A has been filed within one year or not after his retirement; (b) whether certificate is available indicating the date of retirement; and (c) that landlord has filed affidavit to the effect that he does not own and possess any other suitable accommodation in the local area or not in which he intends to reside and he wants possession of accommodation for his own use – All the above three ingredients are satisfied, nothing more is required to be seen, and the application of the petitioner-tenant to contest has to necessarily be denied.

(Para 24, 25)

D. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13A, 18A – Specified landlord – Non-residential building -- Bonafide need to run Karyana shop -- Right to recovery granted under S. 13A is not limited to residential or scheduled buildings only -- Section 18A unambiguously broadens the scope of S.13A by including ‘Any residential building’ and ‘non-residential building’ within its purview -- Primacy has been given only to the bona fide requirement of the landlord, irrespective of the nature of the building, be it residential, non-residential, scheduled, or commercial -- Eviction order passed by the ld. Rent Controller upheld.

(Para 3, 4, 26-33)

63. (P&H HC) 31-10-2022

A. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Indian Evidence Act, 1872 (1 of 1872), Section 116 -- Arrear of rent – Provisional assessment of rent – Disputing Landlord’s ownership – Provisional rent was tendered without reserving any right to dispute ownership of the landlord – At the time of assessment of provisional rent also, no dispute about the ownership was raised by the tenants – Besides, after attornment they/tenants are estopped from disputing ownership of the landlord.

(Para 7)

B. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 -- Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17, Order 14 Rule 5, Order 41 Rule 25 -- Additional issue – Disputing Landlord’ ownership -- Rent Controller declined the tenants’ application to raise additional issues disputing ownership of the landlord  -- Subsequently, by two orders, the tenants were again not permitted to amend their written statement to dispute the ownership -- Said orders have attained finality – No occasion for the tenants to agitate the issue again before High Court – It is an abuse of the process of law – Orders were passed by the Rent Controller based upon the reasoning given in the orders, declined to frame the Issues -- It cannot by any stretch of imagination, therefore, be said that the Controller has “omitted to frame or try any issue, or to determine any question of fact” --  Therefore, provisions of Order XLI Rule 25 CPC are not applicable – Held, tenants could not invoke by filing the application, beseeching the Appellate Authority to frame additional issues disputing ownership of the landlord and refer the same to the Rent Controller for recording evidence thereupon -- Nor could the tenant file the other application Order XIV Rule 5 CPC for framing of issues -- Revision dismissed with costs of Rs.50,000/-.

(Para 9-10)

71. (P&H HC) 20-05-2022

East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 2(d)(g)(h), Section 13, 13-A -- Specified landlord -- Non-residential building -- Whether u/s 13-A a specified landlord is entitled to seek eviction of a tenant from a non-residential building or not -- Legislature has restricted the right to recover immediate possession only to residential or scheduled building in favour of the specified landlords -- This was done with the object of mitigating the bonafide requirements of the landlords who are retiring from defence forces or other Central or State Governments – Rules of interpretation cannot be stretched to such an extent in order to defeat the object of the statute -- Once the expression employed by the statute is clear and categoric, the Court cannot use its interpretative tools to defeat its object -- Section 13-A of the 1949 Act is specifically restricted only to the “residential” and “scheduled building” -- In 1985, the legislature in its wisdom did not extend its applicability to the “non-residential building” – U/s 13, the landlord is entitled to evict tenant from non-residential building -- However, such benefit has not been extended under Section 13-A of the 1949 Act -- Legislature while amending the provisions of the Act in the year 2001, introduced Section 13-B in order to enable the Non Resident Indians to seek immediate eviction of the tenants from “residential” or “scheduled building” and or from the “non-residential building --  Even at that time, the legislature did not amend Section 13-A of the Act and did not include the expression “non-residential” in it – Submission that the matter should be referred to the Division Bench because in Dr. Madan Lal’s case 2010(4) R.C.R.(Civil), 203, a Coordinate Bench has held that Section 13-A is also applicable to the “non-residential building” – Held, Court would have referred the matter in absence of the judgment passed by a larger Bench of the Supreme Court in Dev Brat Sharma's case, 1990 (Sup) SCC 724.

(Para 1-12)

99. (P&H HC) 28-04-2021

A. Constitution of India, Article 226 -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Interim orders/directions/ protection – Extension of -- All the interim orders/directions issued or protection granted including any order requiring any compliance by the parties to such proceedings, passed by High Court or any other Court subordinate to it or any Family Court or Labour Court or any Tribunal or any other Judicial or Quasi-Judicial forum, over which High Court has power of superintendence, which are subsisting today shall stand extended till 30th June, 2021 -- If undue hardship and prejudice of any extreme nature, to any of the parties to such proceeding(s), such parties would be at liberty to seek appropriate relief by moving appropriate application(s) before the Competent Court(s), Tribunal, Judicial or Quasi-Judicial Forum.

(Para 2 (i), (xii))

B. Constitution of India, Article 226 -- Civil Suit – Extension of time for filing written statement -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Time for filing of written-statement or return in any Suit or proceeding pending before any Civil Court or any other forum, unless specifically directed, shall stand extended till 30th of June, 2021 -- It is however will not preclude the parties from filing such written-statement or return before 30th June, 2021.

(Para 2 (iii))

C. Constitution of India, Article 226 -- Execution of eviction, dispossession, demolition etc. -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Orders of eviction, dispossession, demolition, etc. passed by High Court or any Court subordinate to it or any Tribunal or Judicial or Quasi-Judicial forum, which have so far remained unexecuted, shall remain in abeyance till 30th of June 2021.

(Para 2 (iv))

D. Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Interim protection -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Interim protection given in the anticipatory bail applications by the High Court or Court of Sessions for a limited period, which is likely to expire from now up to 30th June, 2021, shall stand extended till 30th of June, 2021 -- However, any party aggrieved by the conduct of the accused on such interim protection, may move the Court over the matter for discontinuation of such interim protection, if any prejudice is caused to him/her, in which event, the Court concerned shall be entitled to take independent view of the matter.

(Para 2 (v))

E. Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Interim bail -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – All the interim bails granted under Section 439, Cr.P.C. by the High Court or Courts of Sessions, limited by timeframe specifying an expiry date from now up to 30th June, 2021, shall stand extended till 30th June, 2021, subject to the accused not abusing such liberty or else it may be cancelled at the instance of the State or the complainant, on application with adequate proof of the abuse of the liberty so granted by the Court concerned.

(Para 2 (vi))

F. Constitution of India, Article 226 -- Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (28 of 1988), Section 3,6 -- Punjab Good Conduct Prisoners’ (Temporary Release) Act, 1962 (11 of 1962), Section 3 – Parole – Extension of -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Parole granted to a person by order passed by a Court exercising the criminal jurisdiction and limited by time-frame specifying an expiry date from now up to 30th June, 2021, shall stand extended till 30th of June, 2021, subject to the accused not abusing such liberty or else it may be cancelled at the instance of the State or the complainant, on application with adequate proof of the abuse of the liberty so granted by the Court concerned.

(Para 2 (vi), (vii))

G. Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 41A -- Cognizable offence – Arrest in -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Unless there is necessity of arrest for maintenance of law and order or any other emergent case, in a cognizable offence prescribing sentence up to seven years imprisonment, the police shall desist from arresting the accused up to 30th of June, 2021, without complying with the provision of Section 41A, Cr.P.C. -- This however may not be understood as an interdict on the power of the police to arrest, but should only be considered a mere advisory in the face of the ongoing crisis following second wave of Coronavirus.

(Para 2(viii))

H. Constitution of India, Article 226 – Eviction/ Demolition by government/ Corporation/ Council/ Board/ Panchayat etc. – Stay of -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – State Governments, Union Territory, Chandigarh, or any of its Departments or any Municipal Corporation / Council / Board or any Gram Panchayat or any other local body or any other agency and instrumentality of the State shall not take any action for eviction and demolition in respect of any property, over which any citizen or person or party or any Body Corporate, has physical or symbolic possession as on today till 30th June, 2021.

(Para 2(ix))

I. Constitution of India, Article 226 – Auction sale by Bank/ Financial Institution -- Stay of -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Any Bank or Financial Institution shall not take action for auction in respect of any property of any citizen or person or party or any Body corporate till 30th June, 2021.

(Para 2(x))

J. Constitution of India, Article 226 – Covid 19 pandemic situation -- Directions issued to Government bodies in suo motu PIL – If the Government of Punjab, Haryana, Union Territory, Chandigarh, and/or any of its Departments and/or functionaries, Central Government and/or its departments or functionaries or any Public Sector Undertakings or any Public or Private Companies or any Firm or any individual or person is/are, by the order of this Court or any Court subordinate to it or the Tribunals, required to do a particular thing or carry out certain direction in a particular manner, in a time frame, which is going to expire at any time from now up to 30th June, 2021, the time for compliance of such order shall stand extended up to 30th June, 2021, unless specifically directed otherwise by the Court concerned.

(Para 2(xi))