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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(4) -- Shop-cum-flat - Bonafide need - Plea that landlord is to sell the building after getting it vacated - Where a landlord after getting the premises vacated on the ground of personal necessity does not use the same for his own use and occupation the tenant is entitled to apply to the Rent Controller for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), 13B, 18A -- NRI landlord - Bonafide requirement - Eviction petition u/s 13-B of the Act - Earlier eviction petition u/s 13 of the Act on ground of personal necessity was dismissed - No change in circumstances - Gives rise to a triable issue - Leave to contest granted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Landlord old lady having no child of her own - Landlord required accommodation for another person and his family to assist her in old age - Held, requirement of landlord for another family who is not related to landlord whom landlord considers as worthy companion for comfortable..........
East Punjab urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Personal necessity - Residential building let out as shop - Does not lose the character of a residential building though rented out for non residential purpose - Landlord can seek eviction of tenant on ground of personal necessity...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity and sub letting - Dismissal of petition - Upheld by appellate Court and Revisional Court - Held, Supreme Court can interfere in appeal in concurrent findings of three Courts below when the same is perverse and not based upon proper and legitimate appreciation of the evidence on record..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction on ground of personal necessity and sub letting - Dismissal of petition by Rent Controller - Order upheld by appellate Court - Dismissal of revision by High Court in view of concurrent findings of Courts below - held, Supreme Court in exercise of its jurisdiction in appeal will not be over-reaching its..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Shop - Personal necessity - Requirement details if given and nothing to suspect bona fides then eviction to follow...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Shop - Personal necessity - Not pleaded in earlier eviction petition - Means that there was no personal necessity at that time - Personal necessity if not existed earlier it could arise subsequently...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Shop - Personal necessity - Eviction can be ordered on ground of personal necessity if landlord makes out a foundation of laying such a claim that is (a) is required to be in his own occupation; (b) he is not occupying another residential building; (c) that he has not vacated such a building without..........
