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 - Ejectment application opposed on twin grounds - Firstly landlord had intentionally demolished adjacent shop - Secondly landlord is residing in UK and has no intention to come to India permanently - Objection of tenant repelled - Demolition of adjacent shop was not with mala fide intention - It is..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(iv), 13(3)(a)(i) -- Ejectment sought on the twin grounds that tenanted premises have become unsafe and unfit for human habitation and that tenant cease to reside in the tenanted premises for the last 6-7 years - Rent Controller allowed eviction petition - Order of Rent Controller upheld by first..........
M.P.Accommodation Control Act, 1961, Section S.12(1)(a) -- Ejectment of tenant sought on the ground of arrears of rent - Demand of arrears of rent not made in quit notice sent to tenant - Held, order of eviction cannot be passed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlord settled in Iran, filed eviction petition on the ground that he wants to shift to India and to run business in demised premises - Tenant taking plea that nature of business intended to be done in tenanted premises not indicated - Contention repelled - Landlord testified in..........
Civil Procedure Code, 1908, Order 12, Rule 6, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Evidence Act, 1872, Section 116 -- Tenanted premises a newly constructed shop - Civil suit filed for eviction by landlord after service of notice to quit u/s 106 of TPA Act - Simultaneous ejectment petition filed under Rent Act also - In the written statement..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Provisional rent and other ancillary charges assessed by Rent Controller had to be deposited by the tenant on the next date of hearing alognwith arrears, interest and costs etc. - First date of hearing means the first date of hearing after determination of provisional rent - If after..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Agreement to sell - Agreement executed in between landlord and tenant - Eviction petition as well as suit for specific performance - Vendor alleged to have paid the entire sale consideration in cash - Petitioner in eviction petition as well as suit for specific performance sought to induce secondary evidence in respect..........
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 13(2)(iii) -- Ejectment - On the ground that tenant ceased to occupy - No activity carried in the tenanted shop since 1989-90 till 1998 when original tenant died - Electricity supply also disconnected in 1995 - In a shop of three khans (parts) it is not possible to run business when there are no big windows or air..........
