East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - Non disclosure of full facts in earlier petition - Cannot lead to inevitable conclusion that in subsequent petition landlord would make out a false case...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - Personal necessity - Presumption - If a landlord seeks eviction for commercial purposes, his need should always be presumed as correct, genuine and bonafide...........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, Limitation Act, 1963, Section 5 -- Eviction - Leave to defend - Condonation of delay - Even one day delay by a tenant in filing leave to defend cannot invoke the provision of Limitation Act for condonation of delay under Act of 1949...........
East Punjab Urban Rent Restriction Act, 1949, Section 18A -- Eviction - Leave to contest - Application seeking leave moved within time frame - Affidavit furnished by tenant in support of his prayer, discloses triable issue - Directions issued to Rent Controller to re-decide application...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Grounds of arrears of rent, sub letting and bona fide need - Petition allowed on all the three counts - Landlord is the best judgment qua his needs and requirement - Nothing on record to suggest that need put forth by landlord is not genuine - Eviction order upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Where landlady herself is paying higher rent than that getting from tenanted premises, then payment of higher rent is a ground to seek eviction of tenant...........
East Punjab Urban Rent Restriction (Chandigarh Amendment) Act, 1982, Section 2(d)(ii) -- Non-residential building - A building would be called as a no, residential building if it is let out under a single tenancy for dual purposes of business and residence...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Sub-letting - Where sub-tenants themselves admitted that they have been inducted as tenants by original tenants and not by landlady, therefore they would sink and swim with original tenant - As sub-tenants enjoying possession of demised premises not with the consent of landlady but by an illegal design..........
East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13B - - Eviction - Non-payment of rent - Assessment of provisional rent - Tenancy admitted by both parties and was reduced into writing - Plea taken by one of the tenant is that his signatures were obtained on blank stamp paper on plea to install electricity connection held, not tenable - More..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Before expiry of lease period - Maintainability - Landlord can file petition for eviction under Rent Act even before expiry of lease period if a ground is available under the Act, as provisions of Act would certainly have an over-riding effect over all other statutes whenever there is a dispute..........
