East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Plea of wilful suppression of fact - In terms of S.13(3) of the Act, landlady was obliged to disclose the fact of being in actual possession of any other similar premises within Municipal Limits - However, admittedly no such premises was in her own occupation - Plea of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Sale of small portion of premises - Does not make need of landlords to come to an end...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Cease to occupy - Tenant has failed to produce documents to prove sale and purchase of shawls from the tenanted premises - Even, electricity consumption bill was not paid by tenant for a period of 2 years - Moreover, production of accounts books also does not depict that business was being..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity - Construction on the remaining premises has already been raised - Cannot be a ground to hold that the bonafide personal necessity of a landlord has come to an end particularly when the shop in question is abutting the main road...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity - Landlord cannot be expected to keep waiting till the tenant vacates the tenanted premises and then start the required construction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Order of provisional assessment of rent - Can be challenged only in very exceptional cases, where the same causes manifest injustice to the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Provisional rent which has been assessed by Rent Controller - Is always subject to final assessment and, if any amount is found to have been paid in excess, the same can always be adjusted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Provisional assessment of rent - Neither partly placed on record rent receipts or any other documents to show arrears of rent and period of rent - Therefore, Rent Controller rightly assessed provisional rent by simply balancing the rival contentions by taking period as stated by tenant and rate..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Arrears of rent - Assessment of rent and house tax - As per the Act, Rent Controller is not only required to assess the rent but is also required to assess the amount representing house tax, interest for delayed payment and the cost payable by the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Plea that right u/s 13-B of the Act has been conferred on the owner - Held, not tenable - Father of landowner, who is settled abroad can collect rent on behalf of his son - U/s. 13-B of the Act, right to seek eviction is with owner of the premises and not the landlord...........
