East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Eviction petition - Ceased to occupy - Eviction of tenant sought from a shop - Non payment of electricity dues for two years - Electricity charges were required to be paid by the tenant - It was inconceivable to expect that averred business could have been run in the tenanted premises without consumption of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a), 15(5) -- Sub letting - Petition dismissed - Order reversed by Appellate Authority - Revision against - Held, that Revisional Court while exercising jurisdiction under Section 15(5) of the Act can only seek the legality and propriety of the judgment impugned - Legality or propriety does not mean..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Bona fide necessity - Death of landlord - L.R's allowed to amend the petition to seek eviction on ground of their own bonafide necessity - Amendment allowed - Once amendment is allowed then legal representatives can seek eviction of tenant on ground of their own bona fide necessity...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Bonafide requirement to start religious activities - Amendment of petition sought that premises are required to house Kashmiri migrants - Amendment allowed - Held, purpose of housing displaced persons is not less than religious activities -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Arrears of rent - Relationship of landlord and tenant denied - Rent Controller recorded a finding in favour of landlord - No justification to grant an opportunity to tenant to deposit arrears of rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Co-owners - Eviction petition at the instance of one co-owner is maintainable if other co-owner does not object to it...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlord living with his parents - Landlord a practising Advocate and recently married - Parents wanted to settle their son independently - It is not unnatural - Need bonafide...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(iv), 13(3)(a)(i) -- Ejectment sought on the twin grounds that tenanted premises have become unsafe and unfit for human habitation and that tenant cease to reside in the tenanted premises for the last 6-7 years - Rent Controller allowed eviction petition - Order of Rent Controller upheld by first..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Rent - Determination of - Municipal (House Tax Assessment) record - No presumption of correctness can be attached thereto - Only the witness who conducted the survey for the purpose of assessment of house tax can prove that record...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii), Evidence Act, 1872, Section 115 -- Violation of bye laws - Landlord constructing room in SCF in violation of bye laws and letting the same - Entire building ordered to be resumed on account of violation of bye laws - Landlord sought eviction of tenant to demolish the room - Tenant taking plea that landlord..........
