East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bonafide requirement - Property principally required for starting business and association of son in the business was merely stated as an additional fact - Property not sought for providing employment to son - Need of the landlord could not, therefore, be said to have come to end on the employment of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Denial of relationship of landlord and tenant - Tenant not depositing the rent - Landlord successful to prove the relationship - Tenant is liable to eviction on the ground on non payment and an opportunity is not required to be given to him to pay rent after relationship of landlord and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - While deciding the question of bona fide requirement of the landlord, it is quite unnecessary to make endeavour as to how else the landlord could have adjusted himself...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Premises required for transport business - Plea of tenant that landlord is earning more than two lacs per month and there is no need for landlord to start a business - Need is not to be assessed as to what landlord is earning - Assessment is as to whether there was a bona fide need..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Sine qua non for subletting is that a person to whom the property was originally tenanted had subsequently created a sub-tenancy in favour of another person - If the first tenancy itself is not accepted the plea of sub-tenancy just cannot stick...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Sub tenant paying rent directly to the landlord since 1979 - Landlord pleading that rent was paid on behalf of the landlord - Contention ill fits with a plea of sub letting after the death of original tenant in the year 1984...........
Rent and Eviction -- Sub letting - Plea of absence of proof of payment of rent by sub tenant - Held, sub letting is invariably a device in secrecy - Sub tenancy can be decided only by reference to the conduct of the parties and the evidence regarding the exclusivity of the sub tenant's possession - Ample evidence to show that admitted possession of sub tenant was really in..........
Rent and Eviction -- Bona fide requirement - Adjacent shop kept vacant by landlord in order to secure eviction of tenanted premises to make a larger construction for starting the business - Finding of bona fide requirement by Courts below upheld...........
Punjab Security of Land Tenures Act, 1953, Section 14, 14A -- Ejectment of tenant on ground of non payment of rent - Tenant failed to tender rent before Assistant Collector - Held, tenant cannot be permitted to tender rent at the stage of writ petition as it will demolish the case of landlord...........
Banking service -- Disputed question of facts - Bank locker - Breaking open of the locker without due notice for non - payment of locker rent - The fact about jewellery allegedly found to be missing or its valuation is a disputed question of fact - Could not be adjudicated upon without taking evidence - District Forum held to have committed an error in accepting the..........
