East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Determination of mesne profits - Admissibility of lease agreement is not required to be determined for the purpose of assessing mesne profits especially when Rent Controller had passed ejectment order against tenant - Assessment of mesne profits and compensation is certainly a work of reasonable..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Relationship of landlord and tenant - Tenant has no right to challenge the same - It is sufficient to hold that landlord herein is the owner of demised premises on the basis of family settlement - Moreover, for filing eviction petition, it is not required that alleged landlord is to be owner of said..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Establishment of business - Landlord is the best judge to see as to which accommodation is suitable and required by him as well as his family members for the purpose of residence or to start any work - Neither Court nor tenant can suggest him any alternative solution ignoring his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Nature of business - It is not required for landlord either to disclose the type/nature of business he is going to start or to show his own experience with regard to said business - It is for Court to see that his alleged personal necessity is bonafide or not...........
East Punjab Urban Rent Restriction Act, 1949, Section 2(dd), 2(ee) -- Leave to defend - NRI landlord - Question arose to whether a foreign citizen can claim to be NRI in pending consideration before Supreme Court - Held, where conditions mentioned u/ss. 2(dd), 2(ee) are fulfilled, every Court is bound to adjudge what is brought for adjudication - Moreover, Rent Act gives..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - Leave to defend - Landlord seeking eviction of several tenements - A tenant obtained stay order could hardly be a ground to deny consideration of bonafides of landlord - As landlord who seeks for eviction of several tenements may come by several obstructions and it is not possible..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Scope - S.13-B sets different procedure and imposes a duty on Court to consider whether there is any case made before he is allowed to defend...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Bonafide necessity - Joint property - Eviction petition filed by one of the co-owners of premises in question with the consent of other co-owners is maintainable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Bonafide necessity - Landlord along with his brothers intended to settle in India and use the premises for their own personal use - Property in question was inherited by landlord with his brothers - Landlord can get the shops vacated by moving the petition u/s 13-B of Act as..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - Right of NRI landlord - A Non Resident Indian can seek eviction on ground of personal necessity - However, he can resort to benefit u/s 13-B of the Act only once in his life time...........
