East Punjab Urban Rent Restriction Act, 1949, Section 13B, 19(2)(B) -- NRI landlord - Eviction on ground of bonafide necessity - Plea that in fact landlord wants to sell the property and seeking leave to contest - Subsequently tenant seeking permission to amend written statement to file an affidavit of a property dealer to whom the landlady approached for selling -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Habitual defaulter - Tenant tendered provisional rent assessed by Rent Controller - Question of `habitual defaulter' is a question of fact which can only be decided after parties lead evidence - The said issue not to be decided at the initial stage of eviction proceedings...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Rent Controller is required to ascertain that (i) the applicant is a Non-Resident Indian; (ii) he is owner of the subject premises; (iii) his ownership is more than 5 years old as on the date when he applies for eviction; (iv) the applicant-NRI-landlord has pleaded and explained that he needs the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to contest - Rent Controller to ascertain (i) whether or not such an application accompanying by an affidavit has been moved within 15 days from the date of effecting service upon the tenant as per the Schedule-II; (ii) whether or not the tenant has raised a triable issue duly supported with..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to contest - Triable issue - Rent Controller to consider (i) a NRI-landlord even if only a co-owner/joint owner in the demises premises, can seek eviction of his tenant under Section 13-B of the Act; (ii) ordinarily, the fate of an eviction petition filed earlier under Section 13 of the Act,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Three shops part of the same building - Requirement of the entire building whether occupied by one tenant or more - Held, S.13-B of the Act enables a NRI landlord to seek eviction of the tenant(s) from the entire building...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - U/s 13-B of the Act, Court shall presume the genuineness and bona fide personal need of the NRI-landlord and a heavy onus lies on the tenant to lead cogent evidence and rebut that strong presumption...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Earlier petition u/s 13 of the Act for arrears of rent was dismissed in default - Has no material bearing at all on the merits of the eviction filed u/s 13-B of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Section 11 -- NRI landlord - Dismissal of eviction petition filed u/s 13 of the Act on merits - Has no bearing on the merits of the subsequent petition filed u/s 13-B of the Act...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 4, 5 -- Fair rent - While S.4 of the Act pertains to determination of fair rent, S.5 thereof provides further revision in the fair rent after every five years - One of the way to be followed by a Rent Controller can be to determine the fair rent and leave the matter there only - The other pragmatic approach..........
