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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide need - Premises required to settle son to run an independent business - Father and son living in one house and were doing business jointly - Son attained maturity - Need of family expanding business and to settle son is well within the right of landlord to get the shop vacated - Eviction order..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide need - Premises required by Gurudwara for constructing Joura Ghar - Plea of tenant that another shop is lying vacant which can be used for the said purpose - Concurrent finding that tenant filed to prove that the other shop is lying vacant - Eviction upheld...........

DELHI HIGH COURT

Year of decision: 2008
Details

Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - As per tenant, he is in possession of Will executed in favour of his father by erstwhile owner and by virtue of this Will, his father became owner of property and there was no relationship of landlord and tenant - However, Will in favour of father of tenant was stated to have been..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlady residing in Panchkula in a four/five room set - Landlady wanted to shift to Chandigarh where better facilities and standard of living available - Chandigarh accommodation consisted of two rooms - Need of landlady, held bonafide...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Exparte eviction order - Setting aside - Rent Controller is not a Court - Law of Limitation is not applicable - Application to set aside exparte eviction order cannot be dismissed as barred by limitation - However, Rent Controller is..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Provisional rent assessed - Failure to tender rent on the date fixed for payment of provisional rent assessed - In case there is non compliance of the order then tenant cannot say that he can still tender rent on the first date of hearing when issues are framed or evidence is commenced...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 9 -- Eviction order - Appeal against - Eviction order upheld - Order regarding penalty and damages set aside in view of arbitration clause in the agreement - Writ Petition - Appointment of an Arbitrator and its removal are governed by the provisions of the arbitration and Conciliation Act -..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2008
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bona fide requirement - Two brothers running Karyana shop - Younger brother wanted to separate and start independent business in shop let out to tenant - Held, need bona fide - Eviction petition allowed...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Rent and Eviction -- Bonafide need - There must be an element of need as opposed to a mere desire or wish of the landlord. (Central provinces and Berar letting of House and Rent Control Order, 1949, S.13(3)(vi)...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Rent and Eviction -- Bonafide need - It is not the tenant who can dictate the terms to the landlord and advise him what he should do and what he should not - It is always the privilege of the landlord to choose the nature of the business and place of the business...........

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