Law: Punjab Rented Premises Act, 2009

Section: 5,15

(a) Punjab Rented Premises Act (VII of 2009)--- ----Ss.5, 15---Oral tenancy---Eviction---Right to produce evidence was closed---Constitutional petition---Respondent alleged that suit premises/shop was given on rent to the petitioner being close relative; that petitioner allowed hawkers to use the front of the rented premises; that petitioner stopped making payment of rent to respondent---Petitioner, in his leave to contest, denied the relationship of landlord and tenant---Premises was sold by predecessor-in-interest of the respondents to the petitioner through an oral agreement---Rent Tribunal closed the right of petitioner to produce evidence and finally accepted the eviction petition while determining the rent due---Appeals filed by both parties, were dismissed by appellate Court---Validity---Petitioner submitted that matters had to be decided on merit rather than technicalities; that Rent Tribunal acted harshly while closing his right to produce evidence; that he also filed a suit for specific performance of an oral agreement to sell in respect of the suit shop---Respondent contended that the title could not be determined in ejectment proceedings; that at the time of allowing the eviction petition, rate of rent was erroneously fixed; that interim rent was fixed but the arrears of the rent recoverable had been settled---High Court observed that even today the rented premises was, admittedly, in the name of predecessor-in-interest of the respondents as owner---Suit for specific performance filed by the petitioner was concurrently dismissed by both the Courts below and now the matter was pending adjudication before High Court---Petitioner filed suit for specific performance after the date when notice for eviction/recovery of rent was sent by predecessor-in-interest of the respondents to the petitioner---Suit was apparently filed as a counterblast to circumvent the eviction proceedings---Right to produce evidence was closed after providing multiple opportunities to the petitioner to produce the evidence with an explicit warning about the consequences of failure to adduce the same---Recovery of arrears of rent per month was not justified and was much below the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492