East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Consolidation of eviction petitions - Predecessors-in-interest of petitioner created three tenancies by executing three different rent notes in favor of respondent qua one building, although for separate portions - He filed three ejectment petitions seeking eviction of respondents on ground of personal necessity -..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, 13B -- Ejectment petition by NRI landlord on ground of personal necessity - Earlier also landlord filed eviction petition on ground of personal necessity - That petition came to be negatived - Landlord petitioner acquired title long after the same had been rented out to the respondent-tenant - Controversy about the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Tenant moved application to take measurements of property in possession of landlady with a view to controvert the plea of personal necessity - Application dismissed - Held, not understandable as to how the measurement of the property can lead to the conclusion that need is not bona..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Bonafide requirement - Landlord to fend for self, her spouse and a son who is presently a student of MBA - Held, the increasing notions of privacy would justify the averred pleading of personal bonafide necessity - The needs of growing family can safely be taken into consideration by the Court - Moreover desire of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Eviction sought on ground of personal necessity - Landlord-tenant relationship disputed - Wife of tenant admitted mother of landlord as real landlord - Tenant did not appear as witness to substantiate plea of wife - Held, Landlord-tenant relationship proved - Eviction ordered...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction petition on ground of bona fide requirement - Order of eviction passed - Death of landlord during pendency of appeal - Tenant contended that ground of personal necessity cease to exist with death of landlady - Contention negative - Held, plea of personal necessity did not vanish with death of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Both the courts below found the requirement of landlord as bona fide and allowed the ejectment petition - Demise booth was on rent at a rate of Rs.800/- per month - In second appeal, tenant urged following points : (a) Landlord (since deceased) had not become owner of the demise..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Eviction on ground of personal necessity - Specified landlord co-owner of demised premises - Held, co-owner can seek eviction of tenant as specified landlord - Plea not open to tenant that specified landlord failed to prove himself owner of the tenanted premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord, born in Tanzania, sought eviction on ground of personal necessity - Revenue records reveal that father and grandfather of landlord were born and brought up in India and were Indian Citizen - This fact further got assurance from Civil Court decree - Held, landlord is an `NRI'...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(i)(a) -- Eviction petition - Amendment - Eviction petition filed on the ground of arrears of rent - Amendment sought to seek eviction on the ground of personal necessity - Nothing stated in the amendment application on the basis of which it may be concluded that the..........