Haryana Urban (Control of Rent and Eviction) Act, 1973 - - Object - To control the increase of rent of certain building and rented land situated within the limits of urban areas and eviction of tenants therefrom - Harmonious balance has been drawn under the act while safeguarding the interest of tenant and to protect the landlord as well where he need the tenant premised..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction of tenant - Validity - Tenant stated that landlord had not disclosed about his possession of another shop but no evidence has been produced to prove same - Tenant wish to start business in the tenanted premises - Suitability of any premises for need of landlord is to be considered as per..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Ejectment of tenant - Ground of personal necessity - Tenant took plea of malafide intention and concealment of fact - Landlord purchased shop to shift his business activities which he is carrying from his residence to this shop - Petitioner tried to make out that `X' an associate of landlord has..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Ejectment of tenant - Fact that an associate of landlord had earlier filed an ejectment petition against the petitioner but lost, has not impact on the personal bona fide need of landlord...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for eviction - Issue raised going to root of matter regarding jurisdiction - Tenant stated a subsequent notification was issued during pendency of suit whereby property came within the ambit of Rent Act, is not to be gone into at the time of deciding application of rejection of plaint - Held, a..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Merely because first application had remained pending till its withdrawal and second application was decided it would be no ground to deny eviction - Held, it was only at instance of petitioner, earlier petition was withdrawn and no decision was taken - Petitioner cannot seek any benefit from said..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Specific Relief Act, 1963, S. 34 - Eviction - Ownership - Educational qualification, Succession certificate, death certificate and Death-cum-Gratuity Certificate shows father of the landlord as owner and ultimately landlord as owner...........
East Punjab Urban Rent Restriction Act, 1949, Section 2dd, 13B -- Eviction - NRI Landlord - Personal Necessity - Plea of two building - Non residential proof has been placed on record by landlord - Landlord stated that he had returned to Indian to do business and to set up his sons - Bonafide requirement of necessity made out - Held, Owner can take possession of one..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 15(5) -- Revision - Ex parte order - Non payment of Rent - Was Tenant duly served in the eviction application? - Held, that there has been proper and elaborate appreciation of evidence on issue by Appellate Authority confirming report of Rent Controller about valid service of petitioner-tenant and there is no scope..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 15(5) -- Revision - Ex parte order - Non payment of Rent - Appellate Authority did not deal with other grounds set up by respondent-landlady for seeking eviction i.e. ground of change of user of demised premises for purpose other than for which it was let and whether petitioner tenant is guilty of such act which..........
