Showing : 71-80 of 248 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(ii)- - Eviction - Bonafide requirement - Son of respondent-landlady is running business in small space below staircase adjoining to demised premises - Shop in question is the only source of income and livelihood of respondent whereas petitioner is occupying a big hall as he has removed intervening wall..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(ii)- - Eviction - Bonafide requirement - Held, it is bonafide necessity of landlord which has to be looked into and not that of tenant - It is for landlord to decide as to which of shop is required by him for his personal necessity as he is the best judge of his need and tenant cannot dictate his terms..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, East Punjab Rent Restriction Act, 1949, Section 13B-- NRI landlord - Bona fide requirement - Eviction petition on ground of bona fide need for doing a particular business in demised property - Plea by tenant that landlord does not have any previous experience and is not qualified for the same - Held, even if landlord is not having requisite..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-- Non payment of rent - Eviction - Provisional rent assessed by Rent Controller @ Rs.6000/- p.m. - Tenant tendered rent @ Rs.1800/- p.m. - Held, tenant not complied with order of Rent Controller - Liable to be evicted on ground of non payment of rent...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 15, Rule 5-- Non payment of rent - Striking off defence - Applicability of provisions of CPC to Eviction proceedings - Held, provisions of CPC are not applicable to proceedings under Rent Act strictly - Yet principles can be applied in proceedings under Rent Act by Court - Power of striking off defence is to..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-- Eviction - Lease agreement - Arbitration clause - Lease agreement expired by efflux of time - Arbitration Clause in lease agreement does not cover the said dispute - Application for referring dispute to Arbitration, held, not maintainable...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-- Warrant of possession - Conditional order passed - Eviction stayed subject to payment of arrears of rent - Rent Controller/Executing Court can issue warrant of possession only after satisfying itself about fact that J.D. was in arrears of rent - Rent Controller, while exercising power of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-- Mesne profits - Appeal against eviction order - Stay of eviction order - While passing order of stay, Court can put the parties to terms - During the pendency of appeal, a tenant is liable to pay mesne profits, from the date of eviction order, for the use and occupation of the demised premises..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i)-- Eviction - Bonafide requirement - Personal necessity - Plea of tenant that landlord is having share in ancestral property - Appellate authority found that landlord had no other property except demised shop in question - Held, eviction granted on ground of personal necessity is justified...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-- Bonafide necessity - Landlady 78 years of age, infirm and incapable to climb the stairs of 3rd floor of her DDA flats at Delhi which is sans a lift and her son who is 58 years of age has suffered multiple fractures resulting into insertion of rods etc. and advised by Doctor not to climb the stairs..........

Showing : 71-80 of 248 Results