East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Bonafide necessity - Landlord along with his brothers intended to settle in India and use the premises for their own personal use - Property in question was inherited by landlord with his brothers - Landlord can get the shops vacated by moving the petition u/s 13-B of Act as..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - Right of NRI landlord - A Non Resident Indian can seek eviction on ground of personal necessity - However, he can resort to benefit u/s 13-B of the Act only once in his life time...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - NRI landlord requires rented four shops to construct a mall for running his own business as he wanted to shift in India permanently - Neither any resown to doubt the said statement nor there is anything on record to infer to the contrary - Petition allowed - Direction...........
East Punjab Urban Rent Restriction Act, 1949, Section 2dd, 13B -- Eviction - NRI Landlord - Personal Necessity - Plea of two building - Non residential proof has been placed on record by landlord - Landlord stated that he had returned to Indian to do business and to set up his sons - Bonafide requirement of necessity made out - Held, Owner can take possession of one..........
Civil Procedure Code, 1908, Order 23, Rule 1, East Punjab urban Rent Restriction Act, 1948, Section 13(3)(a)(i), Order 23, Rule 1 - - Eviction petition - Withdrawal at appellate stage - Eviction petition on ground of personal necessity - Non pleading of mandatory requirement that landlord is not occupying residential building in the area concerned and that he has not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Shop-cum-office - Personal necessity - Landlord, owner of shop-cum-office, sought ejectment on ground of personal necessity qua residential premises - Landlord could not reside in shop-cum-office - Moreover, shop-cum-office has been sold by landlord - Held, landlord is best judge qua his need - Need of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Ejectment- Bona fide need - Death of landlord - Landlord sought ejectment of tenant on ground that he required demised premises to enable his son to run his business - During pendency ejectment petition landlord died - His son was impleaded as legal representative of landlord - Held, since landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Personal necessity - Second eviction petition - Maintainability - Held, under Rent Act, ground of bona fide requirement or no, payment of rent is a recurring cause - Therefore, landlord is not precluded from instituting fresh proceeding - Genuineness of bona fide requirement is to be decided on basis of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Ejectment - Personal necessity - Landlord sought eviction of tenant on ground of personal necessity to expand his business - Some of the tenants had already vacated portion in their occupation - Landlord wanted to renovate entire building and run his business in same - Held, landlord is the best judge qua his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction - Personal necessity - Alternative accommodation - Tenant's contention that first and second floor of demised premises are vacant and therefore, sufficient for landlord - Held, tenant is no one to dictate terms to landlord - Landlord is best judge of his own requirement - If after retirement landlord..........
