Showing : 31-40 of 1094 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Unfit and unsafe building - Expert report shows that condition of shop deteriorated, roof top of shop was having sagging and floor of shop is mostly damp and walls having leakage, seepage, cracks and damages, therefore, is unfit and unsafe for habitation - Tenants have not brought any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a)-- Eviction - Sub-letting - Tenants failed to prove that petitioner no.3 was an HUF concern but there was a business owned by immediate family member of a family to have different firms for purposes of tax and onus is on landlord not only to prove the parting of possession but also that it was for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 20, Rule 12-- Eviction decree - Mesne profits - Unlawful occupant - Once a decree of eviction is passed, tenant becomes an unlawful occupant and therefore, any contract between parties also comes to an end - Consequently, lease deed or escalation clause herein would not be determinative for fixing mesne profits..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)-- Eviction - Date to be reckoned for the purpose of bringing the suit within provision of T.P.Act and out of ambit of rigor of Rent Act is the date of sanctioning of revised plan - Since the suit filed within 10 years from the date of sanctioning of revised plan - Defendants cannot take the benefit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a)-- Eviction - Sub-letting - Plea of establishment of business through partnership by tenant - Tenant contended that he had not sub-let the suit premises, in fact, he entered into partnership with petitioner no.2, who was running a business in premises - However, statement of tenant that he was..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 13-- Repair of damaged shutter - Allowed by trial Court but declined by Appellate Court on the ground that tenant is habitual defaulter in the matter of payment of rent and that estimate has not been prepared - Landlord directed to repair-replace the shutter of the shop premises within a month failing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10, East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Impleadment of party - Plea of applicant that property was rented out to two brothers whereas eviction petition is filed against only one - Application to seek impleadment filed two years after ejectment petition was filed and at a stage where landlord had led his entire evidence - Plea..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Landlord required the premises to run a hotel to settle his son - There is a presumption that landlord has bonafide need of the premises in question - It is for the tenant to rebut the same but tenant failed to do so - Merely by saying that landlord is selling one portion, it cannot be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Personal necessity - Landlady required premises for setting up departmental store - She was working in USA and retired from her job - Plea of tenant that landlady has sufficient accommodation available for starting her departmental store in the form of two vacant shops and first and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123-- Ex parte order of eviction - Setting aside - Limitation - No limitation is prescribed for filing an application for setting aside ex parte eviction order as provisions of Limitation Act are not applicable to proceedings under the East Punjab Urban Rent Restriction Act...........

Showing : 31-40 of 1094 Results