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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Amendment of plaint - Eviction petition - Landlord seeking eviction of tenant from shop in dispute to set up his son in business who has completed his BBA - By amendment landlord sought to add that son landlord `yet to complete his education' of BBA - Whether..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Provisional rent - Assessment - Once provisional rent has been assessed and not paid, Rent Controller has no option but to pass an order of eviction...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Rent and eviction - Bonafide requirement - Starting of joint business with uncle and later on withdrawing from partnership of that joint business - Does not fall within the purview of word `vacating of non-commercial premises'...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Rent and eviction - Bonafide requirement - For starting a new business, person does not require experience or ready finance at the time of filing of eviction petition...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Rent and eviction - Bonafide requirement - S.13(3)(a)(ii) of the Act does not require a person to disclose as to whether he has inherited tenancy right of his ancestors or not...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - On ground of arrears of rent - Non-assessment of rent by Rent Controller - Tenant himself denied liability to pay rent and claimed rent was upto date - No occasion for Rent Controller to pass an interim order to assess rent and give tenant an opportunity to tender the same - Eviction upheld...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Bonafide necessity of landlord has to be more than a mere whim and desire - At same time, it is landlord who is sole judge of his bonafide requirement and Court is not to proceed on a presumption that requirement of landlord is not bonafide...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Merely because landlord`s father is having office at backside of demised premises does not preclude landlord from claiming bonafide personal necessity in as much as it is clearly pleaded and stated he is working separately from his father and now sought to have his own..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Merely because landlord was found present at office of his father cannot lead to a definite and inescapable conclusion of using said premises which would preclude him from seeking eviction of tenant from demised premises...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for eviction - Bonafide need - Exparte order of eviction during pendency of first proceedings - Setting aside of - There is sufficient explanation for non-appearance of petitioners in present proceedings - Petitioners had deposited the arrears of rent and mesne..........

Showing : 161-170 of 1330 Results