GROUNDS FOR EVICTION (OR) (SEC: 15) A landlord may seek eviction of the tenant if:
a) The period of tenancy has expired; b) The tenant has failed to pay or tender the rent within a period of thirty days after the expiry of the period stipulated in Section 7; c) The tenant has committed a breach of a term or condition of the tenancy agreement; d) The tenant has committed a violation of an obligation under Section 13; e) The tenant has used the premises for a purpose different from the purpose for which it was let out; or f) The tenant has sub-let the premises without the prior written consent of the landlord.
PREREQUISITES OF AN APPLICATION TO BE FILED AND PROCEEDED WITH UNDER THE PUNJAB RENTED PREMISES ORDINANCE
1. FILING OF APPLICATION: (SEC: 19) An application in respect of a rented premises shall be filed in the Rent Tribunal of the area or the district.
a) Contents of application: An application under sub-section (1) shall contain:
A concise statement of facts,
The relief claimed, and
Shall be accompanied by copies of all relevant documents in possession of the applicant.
If the application is for eviction of a tenant, the landlord shall submit his affidavit and affidavits of not more than two witnesses along with the eviction application.
2. APPLICATION FOR DEPOSIT OF RENT: (SEC: 20) Notwithstanding anything contained in this Act, if a landlord refuses to accept the rent, the tenant may file an application in the Rent Tribunal for deposit of the rent.
a) The Rent Tribunal shall, without prejudice to the rights of the landlord, allow the tenant to deposit the rent for the period during which the landlord has refused to receive the rent. b) The Rent Tribunal shall inform the landlord of the deposit of rent by the tenant and may pass an order permitting the landlord to collect the same.
3. APPEARANCE OF PARTIES AND CONSEQUENCES OF NON-APPEARANCE
A. NOTICE TO PARTIES: If an application under this Act, other than an application for deposit of rent, is filed, the Rent Tribunal shall issue notice to the respondent in the form prescribed in the Schedule, for appearance of the respondent on a date not later than ten days, through process server, registered post acknowledgment due, and courier service.
A notice under sub-section (1) shall be accompanied by copies of the application and the documents annexed with the application.
B. WHERE RESPONDENT FAILS TO APPEAR – RENT TRIBUNAL MAY PROCEED EX-PARTE: (SEC: 21) If the respondent fails to appear and the Rent Tribunal is satisfied that: a) The notice has not been served on the respondent or the respondent is willfully avoiding the service of the notice, the Rent Tribunal may direct service of the notice by:
Affixing a copy of the notice at some conspicuous part of the rented premises or residence of the respondent; or
Publication in the press, electronic media, or any other mode; and
b) The notice has been served, the Rent Tribunal may proceed ex-parte and pass the final order.
C. SETTING ASIDE OF EX-PARTE ORDER: SEC: 21(4)(5) If an ex-parte order is passed against a respondent, the respondent may, within ten days from the date of knowledge, apply to the Rent Tribunal for setting aside the ex-parte order along with an application for leave to contest.
If the respondent shows sufficient cause for his non-appearance, the Rent Tribunal may set aside the ex-parte order on such terms as it may deem fit.
D. APPEARANCE OF THE PARTIES: SEC: 21(6) The parties may appear in person or through a recognized agent in the Rent Tribunal.
If on a date fixed, the applicant fails to appear, the Rent Tribunal may dismiss the application.
If an application has been dismissed in default of the appearance of the applicant and an application for restoration is made within thirty days of the dismissal order, the Rent Tribunal may restore the application on such terms as it may deem appropriate.
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