Institute of Judicial Services (IJS) Sector 38-A,

Chandigarh Decide giving reason and also narrate the

( Baljinder Singh Sra 9855851231, 9779611369)
Rent Act Paper Max Time 1 Hr.
Q. 1. (a) Whether the Rent Controller has the
jurisdiction to pass an order of ejectment even
though the tenant denies relationship of landlord
and tenant & claims ownership ? Whether the
findings recorded by the Rent controller in such a
case will operate as res-judicata in subsequent
proceedings before the Civil Court for recovery of
rent or in a suit for possession?
(b) A, B, C are brothers. They became co-owners of
a house after the death of their father. C was paying
rent of Rs. 1, 000/-per month to his father. After the
death of the father, he paid Rs. 1,000/-to A for two
months. A files on ejectment petition against C on
the ground of non-payment of rent, bonafide
personal necessity and change of user. Is the
ejectment petition maintainable? Discuss.
Q.2(a) What are the conditions required for a Non-
resident Indian to invoke the provisions of Section
13-B of the East Punjab Urban Rent Restriction Act,
1949. Discuss in light of the leading judgment of
the Supreme Court on this aspect. Can the time
prescribed for a tenant seeking leave to defend in a
petition under Section 13-B be extended or not?
Comment with reference to case law.
(b) ‘A ’ at landlord seeks eviction of his tenant ‘B
’from the Premises an account of non—payment of
rent. ‘B’ disputes the rate of rent as claimed by ‘A ’.
The Rent controller orders ejectment without
making any provisional assessment of the rent on
the ground that on the first date of hearing ‘B’ did
not deposit the rent. Is the said ejectment order is
valid? Discuss in the light on the latest case law.
Q. 3 Specified landlord Sohan Lal, retired from service on
20.1.2011. He filed a petition under Section l3-A of the East
Punjab Urban Rent Restriction Act, 1949 on 18.4.2012
without obtaining certificate from the authority indicating the
date of his retirement, without disclosing that he does not
possess any other suitable accommodation in the area
concerned Is he entitled to maintain the eviction petition? Is he
required to file an affidavit and could claim eviction of more
than one residential or scheduled building? Discuss.
parameters of maintaining a petition under Section
13-B of the Act.
Q. 6 A tenant files an application for leave to
defend a petition filed by a specified landlord under
Section 13-A of the East Punjab Urban Rent
Restriction Act, 1949 along with an application
seeking condonation of delay in filing such
application. Discuss with case law whether such
application for condonation of delay can be allowed
or not?
Q 7. M and N entered into an agreement for the
tenancy of the house of M. The fair rent as fixed
earlier in relation to the house by the Rent
Controller was Rs.20,450/-. The tenant in relation to
which the fair rent was fixed was O. Under the
agreement between M and N, M stipulated that he is
to be paid 6 months’ rent in advance. N agreed to
the same and undertook to pay the same within one
week of taking possession of the house but after
taking possession of the house, N contended that M
is not entitled to claim more than three months‘
advance rent. Decide the dispute.
Q. 8 (a) Bachan Singh, has been residing in Norway
on a work permit for the last 10 years. He has a
shop in Nawanshahr, which he let out before going
to Norway. He now wants to return to India and
start his business in the shop, which was let out to a
tenant before he left for Norway. Refer to the
provisions and the reasons for deciding such an
ejectment petition.
(b) Whether a tenant can be got evicted from one
room of the multi-storey residential building, which
was let out for running of a shop without any
amenities attached to it, for bona-fide residence of
the landlord. Refer to the relevant provisions and
the case law.

Q. 4 Suresh, being the landlord, filed petition under

Section l3-B of the East Punjab Urban Rent
Restriction Act, 1949. Whether Naresh being the
tenant can contest the said petition in the absence of
leave to contest. If he does not choose to contest or
the leave is not granted, whether landlord Suresh is
required to prove his case of bona fide necessity by
leading evidence or the Rent Controller can
straight-away pass the order of eviction?

Decide with reference to case law.

Q.5 Whether the N.R.I. landlord, who is a co-owner

in two different properties which are in occupation
of the tenant, can maintain a petition under Section
l3-B of the East Punjab Urban Rent Restriction Act,
1949 after his co-owner, who is also an N.R.I, has
filed a separate petition in respect of other property?