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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlord to decide upon his requirement - It is the landlord who is competent to decide his requirement and a tenant cannot be allowed to resist eviction in a manner which amounts to dictating the requirement to the landlord...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlord filed a suit for eviction on the ground of bonafide requirement - Landlord was staying with his father - Held, that son could not have stayed in the house of his father in his own right...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Family settlement - A sham transaction - There was family settlement between two brothers - Ground floor fell into share of landlord who filed a suit for eviction on the ground of bonafide requirement - Held, that tenant cannot object to partition but he can show that partition was..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Sub tenant running business from the very beginning of tenancy - It had taken electric connection and even got a site plan passed from the Municipal Committee in the year in which premises were taken - Even Inspector of the societies visited the premises - Resolutions had been passed by the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Punjab Municipal Act, 1911, Section 3(1)(b), 63, 68A, East Punjab Urban Rent Restriction Act, 1949, Section 4, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 4 -- Determination of Annual Rental value of property - Calculation of House Tax thereon - Building governed by provision of Rent Control Legislation - Landlord cannot reasonably be expected to..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Amendment - Eviction sought from two rooms - Landlord during pendency of eviction petition forcibly dispossessed from two other rooms - By amendment of petition eviction cannot be sought from four rooms - Prima facie tenant is deemed to be..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Sub letting - Without written consent of landlord - Long silence on the part of landlord - Cannot be termed as consent...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Sub letting without written consent of landlord - Tenant and brother both working in the shop - Tenant left the shop - Brother continued occupying the shop - No evidence led to show as to in what capacity brother was occupying the shop - Held, it amounts to sub letting...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Arrears of rent - Balance sheets produced to show payment of rent - Held, it is self serving document - No other evidence produced - Payment of rent could not be believed...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

East Punjab Urban Rent Restriction Act, 1949, Section 12 -- Repairs - Sub tenant without written consent of landlord has no right to seek assistance of Court to execute any repairs in the premises...........

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