East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Specified landlord - NRI landlord, co-owner, seeking eviction from shop - Held, there is no bar for the landlord to initiate proceedings u/s 13-B as a co-owner of property in dispute - Eviction upheld...........
Delhi Rent Control Act, 1958, Section 14(1)(a), 14(2), 26, 27 -- Eviction of tenant sought on the ground of non payment of arrears of rent - Rent rendered by the tenant which landlord refused to accept - Held, it was mandatory for the tenant to deposit rent with the Rent Controller as envisaged u/s 27 of the Act - Tenant having failed to deposit, invited wrath of eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Assessment of provisional rent - Relationship of landlord and tenant denied - Rent Controller is not under an obligation to pass a provisional order assessing rent - In case relationship of landlord and tenant is subsequent established then tenant loses the opportunity to make payment towards..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Premises required for his own use and occupation as after retirement landlord wanted to set up some business and for son who was sitting idle without any job - Held, as landlord has not sought eviction on the ground which is additionally available to him under clause (iv) of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI Landlord seeking eviction on ground of bonafide requirement - Landlord had filed other eviction applications against other tenants on same ground in respect of different parts of same building in which leave to defend granted to other tenants - Held, tenant entitled to leave to defend...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord seeking ejectment on the ground of bona fide requirement - Held, Rent Controller is bound to satisfy himself about the landlord's bona fides - Specified landlord also bound to prove his bona fide requirement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop cum Flat - Let out for business and residence - Single tenancy in favour of tenant - Landlord wanted the ground floor for his own business and first floor for residence of his son - Landlord entitled to obtain eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Law as to - (i) While establishing case of the bona fides of requirement, the tenant cannot dictate terms or question the bona fides of the landlord - The landlord would be the best judge of his requirement; (ii) Rent Controller cannot begin with the presumption that there was lack..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Premise required for business - Need cannot be discounted or the bona fides cannot be doubted by a Court by saying that the business is not lucrative and therefore, it shall not be worthwhile for the landlord to ask for vacation of the premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 18 -- Leave to defend - Court has to see only whether the defence is such that the landlord's petition for eviction could be decided against him or that the defence is not a moonshine and it could be supported by appropriate evidence or legal propositions...........
