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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARKESH MANUJA
Harpreet Singh – Appellant
Versus
Parneet Singh Sohi – Respondent
JUDGMENT :
Harkesh Manuja, J.
By way of present petition, challenge has been laid to an order dated 12.02.2024 passed by the learned Rent Controller, Chandigarh whereby an application filed on behalf of petitioner-tenant seeking condonation of delay in filing an application for leave to defend on his behalf has been dismissed thereby resulting into acceptance of eviction petition filed at the instance of respondent-landlord by directing the petitioner-tenant to handover the vacant and physical possession of the demised premised.
2. Briefly stating, in the present case the respondent-landlord while claiming himself to be an NRI; having American passport filed an eviction petition against the petitioner-tenant qua building/flat No.1257/2 Sector 43-B, Chandigarh; invoking Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as the '1949 Act').
2.1. In the eviction petition, it was pleaded that the property in question was rented out to the petitioner-tenant on 01.05.2021 @ Rs.12,000/- per month, who failed to even pay the arrears of rent w.e.f. 01.01.2022 and besides it, the same was even required by the respondent-landlord for his personal use as h
The Rent Controller must adhere strictly to statutory timelines for eviction proceedings under the Punjab Urban Rent Restriction Act, without extending deadlines.
Eviction proceedings under the Goa Buildings (Lease, Rent & Eviction) Control Act are valid if the tenant fails to deposit rent as required, and the landlord's bona fide requirement can justify evict....
The Rent Controller cannot condone any delay in filing a leave to defend application, and a corporate entity can maintain an eviction petition for its bona fide need.
The court affirmed that a Non-Resident Indian landlord can seek eviction under Section 13B of the East Punjab Urban Rent Restriction Act, 1949, if bona fide need is established.
The main legal point established in the judgment is the mandatory nature of the provisions of Section 7 of the West Bengal Premises Tenancy Act, 1997, and the inapplicability of Section 5 of the Limi....
The court emphasized the importance of the Rent Controller considering the assertions made in the tenants' affidavit when determining their entitlement to leave to contest an eviction petition.
The main legal principle established in the judgment is the mandatory nature of the statutory provisions outlined in Section 7 of the West Bengal Premises Tenancy Act, 1997, and the inapplicability o....
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