East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord having sufficient funds and that he can earn reasonable interest from his retiral benefits besides not having any financial liability - Does not make his requirement whimsical or not genuine...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent - Once a tenant fails to comply with provisional rent as assessed by Rent Controller nothing remains to be done but an order of eviction has to follow - In case tenant is not happy with assessment of rent of provisional rent, he has a remedy of challenging the same but must..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 2(c), 13 -- Eviction petition - Material impairment - Impleadment of Haryana Wakf Board as party and owner of property - Pleadings show that tenant admitted to have taken disputed premises on rent from landlord itself and has not raised any objection regarding Haryana Wakf Board being owner - There was no..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 2(c), 13 -- Eviction petition - Landlord means any person who is entitled to receive rent and eviction can be sought by a landlord on grounds mentioned in S.13 of the Act - Eviction is not limited to an application being made by owner himself...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Personal necessity - Maintainability - Merely because ground of personal bonafide requirement of landlord for one shop having distinct portions has been invoked itself would not render eviction petition non-maintainable so long as ground relied upon is proved and established on merits by..........
Civil Procedure Code, 1908, Order 1, Rule 10, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Impleadment of party - Dismissal of application - Eviction petition - Application U.O.1.R.10 CPC filed after four years of filing of eviction petition against their brother/proforma respondent which itself speaks volumes about their act and conduct that they..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent - It is specific case of tenant that shop in question was mortgaged by landlord with mortgagee - Mortgage deed executed by landlord in favour of mortgagee has been duly admitted by landlord - Tenant is not proved to be in possession of shop let out to him and relationship of..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - U, registered rent note though sought to be led into evidence only for collateral purpose, still its admissibility for that limited purpose ought to have been considered and decided by trial Court, when objection was raised and same should not be deferred for a subsequent stage..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Arrears of rent - Claim by subsequent purchaser prior to becoming owner - Dismissal of eviction petition - Revision - Any order passed u/s.13 of the Act would be appealable therefore, petitioner is relegated to avail remedy in accordance with law...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Rent and eviction - Bonafide requirement - Non disclosure of alternate accommodation by son of landlord - Son not required to plead all ingredients as he himself is not landlord and that in case son appears in witness box and depose on oath that he does not own or possess any other non-residential..........
