Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(5) -- Revision - Concurrent finding of fact - If the finding recorded are perverse and are not being capable being arrived at on appreciation of evidence then, in exercise of revisional jurisdiction under the Rent Act High court can always interfere...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 2 -- Statutory tenant - Will - Bequeathing of tenancy rights - Held, A statutory tenant cannot bequeath his tenancy right in favour of one in exclusion to the other as the successor gets a right of inheritance under the statute and not on the wish of the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Death of tenant - Tenancy inherited by brother of deceased tenant - Held, it is not sub letting as tenancy is heritable...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Suit filed by landlady seeking eviction of tenant - Tenant denied relationship of landlord and tenant alleging that father-in-law of the landlady was owner and landlord - Held, father-in-law is a necessary party and thus entitled to..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Ground of non payment of arrears of rent - Eviction orders on the ground that tender was not made by tenant as per the demand of landlord - Order of Rent Controller set aside - Held, it was incumbent upon the Rent Controller to have assessed the rent along with interest and cost..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bonafide requirement - Landlords, three in number settled at Delhi, Gurgaon and Chandigarh - Eviction of tenant sought from the shop situated at Sonepat - Held, need was not bonafide but a mere desire - No reason discernible as to what was the necessity to shift to Sonepat...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Bonafide necessity - Non residential premises - Use of premises by son - Premises can be got vacated on the ground of requirement of premises by son - Requirement of son is covered within the words used in the provision viz 'his own use'...........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revision - High Court in exercise of its revisional power can interfere with finding of fact if the same is either perverse or arbitrary...........
East Punjab Urban Rent Restriction Act, 1949, Section 15 -- Eviction petition - Ground of non payment of arrears of rent - Rent Controller ordered ejectment - Appellant authority, set aside these findings, holding that rent was offered but landlord refused to accept the same - Held, it was incumbent upon the Rent Controller to have assessed the rent along with interest and..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Suit for eviction - Bonafide need - Question as to ownership of landlord - Landlord proved his ownership in terms of family settlement - Landlord also produced documents showing electricity and water connection in his name - Landlord entitled for decree of eviction...........
