East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to contest - Rent Controller to ascertain (i) whether or not such an application accompanying by an affidavit has been moved within 15 days from the date of effecting service upon the tenant as per the Schedule-II; (ii) whether or not the tenant has raised a triable issue duly supported with..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to contest - Triable issue - Rent Controller to consider (i) a NRI-landlord even if only a co-owner/joint owner in the demises premises, can seek eviction of his tenant under Section 13-B of the Act; (ii) ordinarily, the fate of an eviction petition filed earlier under Section 13 of the Act,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Three shops part of the same building - Requirement of the entire building whether occupied by one tenant or more - Held, S.13-B of the Act enables a NRI landlord to seek eviction of the tenant(s) from the entire building...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - U/s 13-B of the Act, Court shall presume the genuineness and bona fide personal need of the NRI-landlord and a heavy onus lies on the tenant to lead cogent evidence and rebut that strong presumption...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Earlier petition u/s 13 of the Act for arrears of rent was dismissed in default - Has no material bearing at all on the merits of the eviction filed u/s 13-B of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Section 11 -- NRI landlord - Dismissal of eviction petition filed u/s 13 of the Act on merits - Has no bearing on the merits of the subsequent petition filed u/s 13-B of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified Landlord - Landlord retired from service but re-appointed as member of review committee under Prevention of Terrorism (Repeal) Act where from he demitted office on 21.09.2005 - Landlord filed eviction petition as specified landlord on 06.09.2006 - Held, petition is within limitation as period of one..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Co-owner - More than one co-owners - Any one of them can seek eviction of tenant for and on behalf of everyone...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Purchaser of share from one of the co-onwers by daughter-in-law of tenant - Held, purchase of share by daughter-in-law of tenant does not improve the status of tenant as purchaser was neither a tenant in the premises nor has inherited the tenancy rights after the death of her..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - To start business after retirement - Sons of petitioner attained majority during pendency of proceedings - Landlord retired from service - Except pension has no other source of income - Held, need is bonafide...........
