Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on East Punjab Rent Restriction Act, 1949

Tuesday, August 30, 2011
East Punjab Rent Restriction Act, 1949

East Punjab Urban Rent Restriction Act, 1949 — Section 15(1)(b) — Scope of — Held, Section 15(1)(b) of 1949 Rent Act provides that a person aggrieved by an order passed by the Rent Controller may prefer appeal to the Appellate Authority within the time prescribed therein; it does not say that if any aggrieved person by an interlocutory order passed by the Rent Controller from which an appeal lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness — There is no provision in Section 15(1)(b), a provision like Section 105 (2) and Section 97 of the Code — Civil Procedure Code, 1908, Sections 97 and 105(2).

 
East Punjab Rent Restriction Act, 1949

East Punjab Urban Rent Restriction Act, 1949 — Section 13(2)(i) proviso read with  Section 15(1)(b) — If a tenant does not avail his remedy to challenge the order of the provisional rent fixed under Section 13(2)(i) proviso to the East Punjab Urban Rent Restriction Act, 1949 by filing an appeal under Section 15(1)(b) within 15 days from date of such order, whether the order fixing provisional rent becomes final and cannot be challenged subsequently, particularly, in the appeal challenging the order of eviction? — Held, no.

 
Monday, November 08, 2010
East Punjab Rent Restriction Act, 1949

East Punjab Urban Rent Restriction Act, 1949 — Section 13-B readwith Section 18-A(2), Form in Schedule II — Limitation Act, 1963, Section 5 — Delay in filing application for leave to contest — Whether provisions of Section 5 of the Limitation Act are applicable for condoning the delay in filing an application for leave to contest the eviction petition? — Held, no — Petition dismissed.

 
East Punjab Rent Restriction Act, 1949

East Punjab Urban Rent Restriction Act, 1949 — Section 18-A(2), Form in Schedule II — Limitation Act, 1963, Section 5 — Delay in filing application for leave to contest — Whether Rent Controller has power to entertain an application under Section 5 of the Limitation Act for condonation of delay? — Held, no — Statute does not vest him with such power.

 
Saturday, August 15, 2009
East Punjab Rent Restriction Act, 1949

East Punjab Urban Rent Restriction Act, 1949 — Section 11 — Whether the demised premises which is situated in a residential area and in a residential building can be used for commercial purposes even by consent of the appellant in view of Section 11 of the Act and the provisions of the Development and Regulation Act? — Held, no. 

 
East Punjab Rent Restriction Act, 1949

East Punjab Urban Rent Restriction Act, 1949 — Section 13 readwith 11 — Eviction — Conversion of a residential building into a non residential building by a mutual agreement between the landlord and the tenant — Held, even if the landlord and tenant had converted a residential building into a non residential one by mutual consent, it would still be violative of Section 11 of the East Punjab Rent Restriction Act and, therefore, the landlord cannot be barred from seeking recovery of possession of the leased building for his residential needs. 

 
East Punjab Rent Restriction Act, 1949

East Punjab Urban Rent Restriction Act, 1949 — Section 11 — Whether mandatory? — Held, yes.   

 
East Punjab Rent Restriction Act, 1949

East Punjab Urban Rent Restriction Act, 1949 — Section 11 — Held, Section 11 of the Act clearly prohibits a landlord or a tenant to convert the purpose of tenancy without the permission of the Rent Controller.

 
East Punjab Rent Restriction Act, 1949

East Punjab Urban Rent Restriction Act, 1949 — Sections 13(2)(ii)(b), 11, 19 — Whether a person who has converted the purpose for which the premises was let out without the permission of the Rent Controller, can be punished only with fine under Section 19 or can he also be evicted under Section 13(2)(ii)(b) of the Act? — Held, both the sections namely, Section 13 and Section 19 can be applied when there is a violation of Section11 — Tenant or the landlord can be punished with fine under Section 19 of the Act and at the same time the tenant can be evicted under Section 13(2)(ii)(b) of the Act if the conditions laid down in the said sections are satisfied.

 
East Punjab Rent Restriction Act, 1949

East Punjab Urban Rent Restriction Act, 1949 — Sections 11 and 19 — Held, it cannot be said that for violation of Section 11 of the Act, the only remedy available was under Section 19 of the Act i.e. imposition of fine.

 
Sunday, October 12, 2008
East Punjab Rent Restriction Act, 1949

East Punjab Rent Restriction Act, 1949 — Section 13 — Ejectment — Sub-letting — Respondent No.1/tenant, while retaining his possession and rights as a tenant over the premises leased to him, allowed respondent No.2 (tailor), on payment, to sit in a part of the shop-room with his sewing machine — Held, respondent No.1/tenant had not created a sub-lease and the tailor at best can be said to be a licensee — The High Court has rightly held that appellant-landlord had failed to discharge his burden that there was a sub-letting of the demised premises.   

 
Monday, March 12, 2007
East Punjab Rent Restriction Act, 1949

East Punjab Urban Restriction Act, 1949 — Section 3 — Power of exemption — The executive government can exercise its power of exemption in the following circumstances :

(1) Where such exemption had been granted only for a limited period;

(2) in respect of new buildings;

(3) in respect of the government buildings, buildings belonging to the local-self government and other public sector undertakings; and

(4) areas belonging to the Cantonment Board which was outside the purview of the applicability of the original act having regard to the fact that such areas of the cantonment are governed by separate Act, like Cantonment Acts.

(5) Where the same would come within the purview of the delegated legislation.

(6) Where the tenants or tenanted premises form a distinct and separate class.

(7) Where having regard to the constitutional scheme that any State within the meaning of Article 12 of the Constitution of India would not treat its tenants in an unfair and arbitrary manner despite the rent control laws being not applicable in their case; as they would be treated to be forming a separate class; and

(8) Where the exemption notification is granted for a limited period or in respect of new buildings for a limited period.

 
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