East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A(5) -- NRI landlord sought eviction of tenant from 2nd floor of residential premises on ground of personal necessity - Leave to contest allowed to tenant on the ground that there is nothing on record to indicate that landlord is retired or wants to come back to India - However, Certificate of registration issued..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Personal necessity - It is not necessary that NRI landlord should first come to India with intention to settle permanently before filing the petition u/s 13-B of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Order 3, Rule 1 -- Eviction sought by landlady, residing in Canada, through her attorney on ground of personal necessity - Tenant laid application under Order 3 Rule 1 Civil Procedure Code alleging that he has been told by his friend, living in Canada, that landlady is dead - However,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction of demised shop sought on ground of personal necessity - Tenant took plea that landlord was having possession of alternative shop - Alleged shop, which is room, is on back side of demised premises and does not even abut on main road and thus, not suitable for landlord - Even tenant not doing any..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Arrears of rent - During pendency of proceeding landlord filed another petition for eviction taking plea of personal necessity as well - Tenant contended that bona fides of landlord are seriously in question for the reason that when initial petition was filed, it was merely on ground of non-payment of rent and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlord, a public trust, owning 29 shops out of which 12 shops were under the occupation of tenants - Trust seeking eviction as demised premises required for construction of school, dispensary and library - Eviction opposed on the ground that landlord being a public trust, plea of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlady not entering the witness box - Proof of bonafide requirement through son, her power of attorney - Held, plea of bona fide requirement can be proved by son when he is intricately linked and related to the landlady and adequately enabled to give out and substantiate the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Eviction of tenant sought on the ground that tenanted premises had become unfit and unsafe for human habitation - Report of building expert indicated the age of building as 100 years and thus having become unfit and unsafe for human habitation - Tenant raised plea that petition is malicious as landlord did..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord sought eviction of tenant on the ground of personal necessity - Tenant contended that landlord was in possession of other shops as well in the vicinity out of which four shops were lying vacant and consequently, the need of landlord, could not be said to genuine - Contention of tenant held..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlady sought eviction on ground of personal necessity - During pendency of petition, on death of landlady, her husband sought impleadment on the basis of will of his wife, alleging, that he should be given opportunity to show that personal necessity pleaded by landlady also flows to LR's - Held, husband,..........
