East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a) -- Co-owners - Every co-sharer is entitled to seek ejectment of the tenant from the demised premises for his bona fide requirement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a) -- Bona fide requirement - Landlady living in England and intended to live permanently in India in his own house - She aged 75 years and suffering from asthma and heart disease and has undergone by-pass surgery - If at this stage she wants to reside in India in her own house, her need cannot be held to be not..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revisional jurisdiction - Concurrent finding of fact by Courts below - Cannot be reversed lightly or liberally in exercise of revisional jurisdiction - Such finding of fact can only be reversed, if revisional Court comes to the conclusion that the findings are based on no evidence or are such that no reasonable..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Family settlement - Shop fell to share of landlord by way of family settlement - Landlord is entitled to evict tenant on ground of bona fide requirement - Tenant cannot challenge family partition in summary proceedings under Rent Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlord running business jointly with brother - Wanted to start independent business in his own shop - Need of landlord is bona fide - Landlord cannot be kept tied with his brother for all times to come...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Onus to prove - In appropriate cases it is even open to Court to presume that the landlord's requirement is bona fide and to disproving the presumption is on the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Father of landlord failed to evict tenant on ground of bona fide requirement - Shop fell to the share of landlord in family settlement - Held, landlord is not barred to seek eviction of tenant on ground of bona fide requirement irrespective of the fact that his father failed to..........
Rent and Eviction -- 'Non residential building' - Any activity not tainted with business or trade and when essentially not connected with profit and loss, such activity would not render the usage of the building as 'Non residential building' - In each case it shall have to be examined whether the element of business or trade has crept in with the necessary element of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 23, Rule 1 -- Ejectment petition - Ceased to occupy for four months - Previous petition on the same ground withdrawn without permission - Four months period not expired between the previous petition and new petition - Held, second petition is not maintainable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Ejectment petition - Applicability of CPC - Provisions of CPC are not applicable to proceedings under Rent Act but the principles which are the basis and foundation for the administration of justice are applicable to the proceedings...........
