East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - Plea that landlord is not the owner for five years prior to the filing of petition u/s 13-B of the Act as it was mother of the landlord who was recorded as owner in the Municipal records and on the strength of an affidavit of mother the ownership rights were transferred in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Landlord in possession of two shops and required the demised premises for its optimum utilization as he wants to set up a show room to start his sanitary business - Need bona fide...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i), Transfer of Property Act, 1882, Section 53A -- Agreement to sell with tenant - Agreement spells out that parties never contemplated putting an end to the jural relationship - A mere agreement of sale between landlord and tenant does not put an end to existing jural relationship of landlord and tenant - A..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Agreement to sell with tenant - Tenancy of first floor only - On execution of agreement to sell rent was reduced to Rs.75/- and in case of default it was to be Rs.150/- - Sale deed not executed - Rent of Rs.150/- was not for the first floor alone but was for the entire building - Dismissal of eviction..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, 13A -- NRI landlord - Leave to defend - Rent petition filed for eviction of respondent from the shop of NRI landlord - Service of summons through Munadi - Application for leave to defend to be filed within 15 days from the date of service - Delay cannot be condoned - Provisions of Limitation Act are not applicable..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, 13A -- NRI landlord - Eviction petition - Leave to defend - 15 days period - Munadi effected - Tenant denying service - Munadi effected at the spot where tenant still carrying on business - Copy of summons of Munadi was affixed on door as per the report of process server - Munadi effected on 1.7.2006 for 7.8.2006 -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Bonafide requirement - Bonafides to be examined in the context of events that took place prior to the filing of the petition - Subsequent events cannot be discarded - Need of landlord must subsist till the final conclusion of the proceedings - Need of legal representatives that have been subsequently..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Denial of relationship of landlord and tenant - Proof of rent deed - Stamp paper on which rent deed executed proved to be sold to some other person other than the tenant - Stamp paper sold consisted of three leaves but first leave not produced - Son of deceased deed writer appeared as a..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Denial of relationship of landlord and tenant - Proof of rent deed - Rent deed held prepared subsequently and hence not reliable - Held, once rent note on which landlord is placing reliance is found to be doubtful, reliance cannot be placed on the oral evidence alone...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Denial of relationship and tenant - Proof of relationship - Rent note on which landlord placing reliance found to be doubtful - Held, mere deposit of rent by tenant without any objection is not sufficient to prove relationship of landlord and tenant when rent deed is found to be doubtful...........
