Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13(1)(g) -- Bona fide requirement - Ejectment of defendant/tenant sought on ground of bona fide requirement of plaintiff's/landlady's family of 6 persons i.e. Landlady, daughter, son, daughter-i, law and two grand children - Appellate Court held that need was not bona fide since daughter-i, law..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Eviction - Non-occupation of premises - Non consumption of electricity in a commercial premises - Held, it proves fact that premises was not being occupied by a tenant because electricity is required in day to day course of business - In present case, when it has been specifically mentioned by electricity..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Lease for 99 years - Holding leasehold rights - Effect - Held, it is by now settled proposition of law that if a person is holding leasehold rights for 99 years, he has, for all intents and purposes been owner of property and is entitled to invoke provisions of S.13-B of the Act for ejectment of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Ejectment - NRI landlord - Reasoning given by landlords in their ejectment application seems to be quite plausible and it is duly supported by affidavit - As per requirement of S.13-B of the Act, same is enough for ordering eviction of tenant from demised premises as presumption has to be taken by Court that..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Eviction - Property unfit and unsafe for human habitation - There are not only cracks in building but roof of building has also fallen down - False ceiling of Black Plastic Polythene Tarpaulin fixed by tenant - Both Courts below allowed ejectment application after relying upon report of building expect -..........
East Punjab Urban Rent Restriction Act, 1949 (As extended to the city of Chandigarh), 1974, Section 13B - - Eviction - Personal need - NRI landlord - Eviction of tenant sought on ground of own personal need - Status of landlord as NRI is not in dispute - Contention of tenant is that in possession of only ground floor and building has two other storey and landlord wants..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Ejectment - Challenge to - Demised property required by landlord Company for its own use, occupation and expansion of business - Bona fide of landlord Company disputed by tenant by producing sale deed showing purchase of a new property - Said sale deed not in favour of landlord Company - Held, order..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Sub-letting - Contention that tenant was merely associating himself with another member of family and allowed his younger brother to carry on business in demised premises and there was no sub-letting at all - Held, nothing would have stopped tenant from apprising landlord about change in business and..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Eviction - Execution proceeding - Tenant's plea that landlord/decree holder is not his landlord and thus eviction petition was not maintainable - Held, challenge to maintainability of proceeding itself can be made in main ejectment proceedings and not in execution application - Executing Court cannot..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7 - - Ejectment - Held, a tenant who has continued to remain in possession of land for considerable period and has been ordered to be ejected on ground that he is unauthorized occupant having not complied with earlier ejectment order which was factually wrong and incorrect cannot be easily no, suited and ejected on..........
