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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Validity - Tenant had not paid the provisional rent and application had been filed for extension of time for payment of rent - tenant has throughout not chosen to comply with direction - Held, Eviction order of tenant, proper...........
Civil Procedure Code, 1908, Order 23, Rule 1, East Punjab urban Rent Restriction Act, 1948, Section 13(3)(a)(i), Order 23, Rule 1 - - Eviction petition - Withdrawal at appellate stage - Eviction petition on ground of personal necessity - Non pleading of mandatory requirement that landlord is not occupying residential building in the area concerned and that he has not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Amendment sought by landlord that title of eviction petition had been wrongly mentioned - Petition for eviction of tenant was filed u/s 13 of East Punjab Urban Rent Restriction Act but it had been wrongly mentioned to be petition u/s 13 of Haryana Urban (Control of Rent & Eviction) Act -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Non-payment of rent - Tenant failed to establish that he had paid rent w.e.f. 24.08.1998 to 12.11.2005 - He was granted one month's time by Rent Controller to make up deficiency in arrears of rent - Tenant failed to do so - Held, eviction proper - Petition dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Shop-cum-office - Personal necessity - Landlord, owner of shop-cum-office, sought ejectment on ground of personal necessity qua residential premises - Landlord could not reside in shop-cum-office - Moreover, shop-cum-office has been sold by landlord - Held, landlord is best judge qua his need - Need of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Ejectment- Bona fide need - Death of landlord - Landlord sought ejectment of tenant on ground that he required demised premises to enable his son to run his business - During pendency ejectment petition landlord died - His son was impleaded as legal representative of landlord - Held, since landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Ejectment - Unfit and unsafe for human habitation - Landlord sought ejectment on ground that premises in question had been rendered unfit and unsafe for human habitation - Building expert deposed that flooring of building was not in a workable condition - Balas supporting roof had started decaying - Walls..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Personal necessity - Second eviction petition - Maintainability - Held, under Rent Act, ground of bona fide requirement or no, payment of rent is a recurring cause - Therefore, landlord is not precluded from instituting fresh proceeding - Genuineness of bona fide requirement is to be decided on basis of..........
