East Punjab Urban Rent Restriction Act, 1949, Section -- Mesne profits - Provisional determination during pendency of appeal - Contractual rent determined between parties in year 2000 of Rs.475 per month - Appellate Court determined rent at Rs.75,000/- per month as mesne profits payable - Held, in a case where determination has been at rate of Rs.475 only about decade..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 - - Res judicata - Bonafide requirement - NRI landlord - In an earlier petition, landlord had contended for his own need - In a subsequent petition, he was spelling out need for members of his family who were dependent on him - Held, it is surely a different..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Determination of status - Court has examined original certificate regarding passport, original visa endorsement and original permanent resident card at Canada - Held, status as a NRI was well established and landlord had established need in manner required by law...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI Landlord - Ownership - Onus to prove - Held, onus would always be upon landlord to show that he is owner of demised premises and in case boundaries do not match with sale deed produced on record it would certainly require due evaluation by Rent Controller...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide need - Originally eviction sought on ground of bona fide need of husband for carrying on business - Objection by tenant that petition had not spelt out need of member of family and therefore, case could not have been prosecuted at the instance of wife by setting up her need - Held,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide need - Landlady already running a business - She wanted demised property for establishing a new business - Held, bona fide need to start a business need not be expressed only by forsaking every interest in any other business that she may be carrying on - Need bona fide - Eviction..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Death of landlord - Husband filed petition stating that he required property for his business - After death of husband wife wants to carry on with idea after his death - It is fair enough that she was directed to be impleaded as party - Plea of tenant that petition had..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlord working in Bank at Delhi and native of Patiala where all his relatives were residing - He wanted to reside at Patiala after retirement - Disputed premises is the only residential premises owned by him - Held, it seems quite natural for a person to come back and reside at a..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Eviction - Non-occupation of premises - Non consumption of electricity in a commercial premises - Held, it proves fact that premises was not being occupied by a tenant because electricity is required in day to day course of business - In present case, when it has been specifically mentioned by electricity..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 15 -- Eviction - Bona fide requirement for starting business - Held, nature of business must literally determine whether bona fides are established or not - If business is such as that it does not require any particular technical expertise and if landlords means themselves are not in dispute to establish a business,..........
