East Punjab Urban Rent Restriction Act, 1949, Section 13, 13B -- Eviction petition - Leave to contest - U/s 13 of the Act, ejectment of tenant can be sought by landowner on various grounds specified therein - In petition u/s 13 of the Act, tenant is not required to seek leave to contest - Tenant is permitted to contest petition in accordance with law - Thus, eviction of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(1)(a) -- Eviction petition - Bonafide requirement - Death of landlord - It cannot be said that since landlord has died therefore petition is deemed to have abated - Once requirement of landlord himself along with son has been pleaded and he has appeared in evidence continuity of bonafide requirement of tenant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material alteration - Landlord examined advocate who was appointed as a Local Commissioner - He proved his report and stated that he visited spot after issuing notice to both parties and proved site plan - Courts below rightly recorded the finding that petitioner had carried out material..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Suit for eviction - Proposed amendments are only clarificatory in nature so as to obviate rejection of petition on ground that landlord has not disclosed the facts - Moreover, for the fault of office bearers/representative landlord should not be..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Suit for eviction - Whereever amendments are substantive or Court comes to a conclusion that effort is to delay disposal of application Courts would be justified in dismissing the petitions - Further, there can be cases where tenant with a view..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Landlord specifically pleaded that he has a young son who is idle and he wishes to settle him in premises in dispute - In such circumstances , it would not be appropriate to hold that bonafide requirement of landlord has come to an end - Need held bonafide...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Amendment sought to plead basic ingredients of S.13(3)(a)(i) of the Act - As no prejudice is being caused to tenant by amendment and he will get adequate opportunity to lead evidence therefore, amendment was rightly allowed in interest of justice..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Mere omission to make a pleading - Itself no ground to dismiss eviction application altogether, if otherwise, requirement is fulfilled in the evidence to be led from landlord`s side...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Plea of wilful suppression of fact - In terms of S.13(3) of the Act, landlady was obliged to disclose the fact of being in actual possession of any other similar premises within Municipal Limits - However, admittedly no such premises was in her own occupation - Plea of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Sale of small portion of premises - Does not make need of landlords to come to an end...........
