East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 148 -- Extension of time - Payment of provisional rent - Conditional eviction order was passed and compliance was to be made within two months - However, rent was still not deposited till 5.9.2014 whereas last date to deposit the same was 2.4.2012 - Bonafide of tenant was missing..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Ejectment of tenant - Ground of personal necessity - Tenant took plea of malafide intention and concealment of fact - Landlord purchased shop to shift his business activities which he is carrying from his residence to this shop - Petitioner tried to make out that `X' an associate of landlord has..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Ejectment of tenant - Fact that an associate of landlord had earlier filed an ejectment petition against the petitioner but lost, has not impact on the personal bona fide need of landlord...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - After expiry of lease if possession of tenant is without consent of landlord, he would be a tenant at sufferance - Tenant at sufferance is not entitled to a notice of ejectment in law...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Eviction - Assessment of provision rent - Tenant was in arrears of rent w.e.f. April 2001 to November 2002 - Tenant disputed relationship of landlord and tenant - Held, Rent Controller was not required to assess provisional rent - Ejectment proper...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Eviction - Non-payment of rent - Petitioner/tenant was in arrears of rent w.e.f. April 2001 to November 2002 - Execution of lease deed had been duly admitted by petitioner but it had taken up plea that it was result of mis-representation - Petitioner failed to establish said plea - Held, since..........
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 -- 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..........
Transfer of Property Act, 1882, Section 106 -- Notice - Relationship of landlord and tenant admitted - Held, service of summons in suit for ejectment can always be treated as a valid notice for terminating tenancy u/s 106 of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i), Power of Attorney Act, 1882, Section 1A, 2 -- Ejectment suit through power of attorney holder - Landlord permitted to examine himself as witness, although, his attorney had been examined - Held, no illegality in impugned order - Petitioner/tenant will get an opportunity to cross-examine him - Petition..........
