East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), 13(3)(a)(ii) -- Rent and eviction - Pleadings qua ingredients mentioned in u/ss 13(3)(a)(i) & 13(3)(a)(ii) of the Act are missing then same can be held as satisfied in case landlord is able to lead evidence to the said effect...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Non payment of rent - Tenant is unable to deny that in written statement filed by tenant relationship of landlord and tenant between parties - Tenant admitted that he is a tenant of demised premises under landlord at rate of Rs.280/- p.m as rent - Therefore, tenant cannot derive any..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Bonafide necessity - Plea that existing gate is sufficient for proper ingress and egress of patients is devoid of any merit - Even, tenant admitted that there is a possibility of increase in number of patients at hospital - Further, hospital is in place at spot and is frequented by..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111, 107 -- Tenant in secured asset - Protection - Objectives of SARFAESI Act coupled with Transfer of Property Act and Rent Act are reconciled in following manner:- a) If a valid tenancy under law is in..........
Civil Procedure Code, 1908, Order 15, Rule 5, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Striking off defence - Eviction petition - Non-payment of rent - Tenant ready to deposit rent but on account of an inter-se dispute between landlords themselves as to who would be entitled to receive rent, rent was not accepted on date fixed - Therefore, it..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity and arrears of rent - Plea of tenant in respect of his claim to title of property on basis of agreement to sell arrived at between parties - Plea held, not tenable as tenant neither in his written statement nor in his deposition revealed any detail about date month or even..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Landlord is best Judge of his requirement and it is not for tenant to suggest as to how he should utilize his property for his own business, and claim of landlords regarding personal requirement is not presumed to be not genuine, unless facts and circumstances indicate any..........
Civil Procedure Code, 1908, Section 11, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Res judicata - Eviction petition - Previous eviction petition dismissed as erstwhile landlady/deceased sought possession of demised premises which is a commercial property by claiming that it was required by her for `residential purposes' which concerned Courts naturally..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity and non payment of rent - Landlord failed to prove relationship of landlord and tenant - Even, allotment letter does not give any kind of indication regarding ownership of property - Landlord cannot prove original allotment of premises - No evidence on record to indicate..........
East Punjab Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide need - Remarriage of old aged mother of landlord after death of his father does not debar him to keep her with him in demised premises situated on ground floor nor debars her to live with her son - Thus, in case, landlord needs demised ground floor for bonafide requirement to keep his mother..........
