East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - There is no straight jacket formula - Requirement of a landlord has to be examined keeping in view the facts of each case by taking into consideration the status of the family, the requirement pleaded and to find out whether the requirement is so fanciful unimaginable or is mere..........
Transfer of Property Act, 1882, Section 108 -- Rights and liabilities of lessor & lessee - Unauthorised construction carried out by tenant/lessee without permission of landlord/lessor - Suit for mandatory injunction for removal of unauthorized construction - Tenant/lessee had no authority to raise construction/permanent structure without consent of landlord/lessor. Haryana..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(c), 13(6), East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(iii), 13(4) -- Structural alterations - Ejectment - Unsafe & unfit for human habitation - Redelivery of possession to tenant after raising new construction - Tenant constructed fallen portion without consent of landlord - Ejectment..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Unsafe and unfit - Building 100 years old - Building in dilapidated condition - Tenant liable to eviction though room in occupation of tenant was in good condition - Building has to be seen as a whole and not only a part in possession of tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlord himself paying exorbitant rent i.e. Rs.1050/- and getting rent of Rs.125/- of his own shop - Landlord can seek eviction of tenant for his own use and need is to be held as bona fide...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Wife of landlord in possession of some shops - Not a ground to reject the claim of landlord - It is always for the landlord to see as to where he is to run his business - Landlord is the best judge of his need and choice and cannot be dictated by the tenant as to where he should..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revision - It is always open to the Revisional Court to interfere with the findings recorded by the learned Courts below if they misconstrue the word 'require' - In case the findings are vitiated by error of law, the same can be corrected...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - During pendency of eviction petition special provision u/s 13-B of the Act coming into force - Petition u/s 13-B of the Act not barred because of the pendency of ejectment petitions under the ordinary provisions of the Rent Act nor these are hit by the provisions of O.2.R.2 CPC...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction u/s 13-B of the Act - Landlord has to prove (i) that he is a Non-resident Indian; (ii) that he has returned to India and (iii) that he was the owner of the property for the last five years and (iv) that his requirement of the accommodation is genuine...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Permanent resident outside India being NRI can claim ejectment...........
