East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - bonafide requirement - Act imposes a restriction that landlord shall not transfer it through sale or any other means or lease out the ejected premises before the expiry of a period of five years from the date of taking possession of the building...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A(4) -- NRI landlord - Bonafide requirement - Statement made by specified landlord is deemed to be admitted by the tenant in view of legal provisions contained in S.(4) of S.18-A of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - After retirement landlord wanted to start his own business - Plea of tenant that landlord possesses two shops - One shop possessed by son of landlord who is carrying on his business in that shop and the second shop is occupied by the tenant - Eviction granted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - One out of two shops occupied by son of landlord and second shop on rent - Non mentioning of insufficiency of the space in the accommodation occupied by the son of landlord is totally inconsequential and has no bearing on the issue involved...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Unfit and unsafe for human habitation - Shop - 60 years old and made of old bricks having a wavy roof and vibrated condition - Chaubara on the roof already fallen - Common wall tilted vertically and structure could not bear the weight of the roof - Top was wavy and vibrated when walked over - There are..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction petition - Exparte conditional eviction order - Application U.O.9.R.13 CPC - Exparte eviction order set aside subject to the condition that tenant tenders the entire arrears of rent and in case Rent Controller ultimately finds that the rate of rent is less..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Cease to occupy for more than four months - Tenant continued to pay rent - Payment or receipt of rent by a tenant or a landlord, does not amount to condonation of a disqualification incurred by the tenant against retention of possession of the let out premises - Evicted granted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Section 11 -- NRI landlord - Eviction petition on ground of bona fide requirement filed by NRI u/s 13(3)(a)(i) and not u/s 13-B - Petition dismissed - Fresh petition u/s 13-B of the Act is not barred...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Maintainability of eviction petition after the property is acquired by HUDA - Relationship of landlord and tenant between the parties cease to exist for all intents and purposes and authorities under the Rent Act become functuous officio - Held, eviction petition is not maintainable...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Additional evidence - Sought to be produced at the stage when petition was fixed for arguments - Such evidence not produced at the earlier stage - Tenant some what negligent - By itself not sufficient to negate the prayer - Copies of plaint and written statement in earlier suit..........
