East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Arrears of rent - Non payment of arrears of rent before date fixed - Consequences of - Held, it is bounden duty of tenant to deposit provisional rent determined by Rent Controller otherwise it will entail tenant's ejectment from premises in dispute - If a tenant is dissatisfied with interim order..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Mesne profits - Appeal against eviction order - Stay of eviction order - While passing order of stay, Court can put the parties to terms - During the pendency of appeal, a tenant is liable to pay mesne profits, from the date of eviction order, for the use and occupation of the demised premises with..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Civil Procedure Code, 1908, Section 100 -- Concurrent finding of facts - Interference with - Tenant failed to pay amount of arrears of rent despite ejectment order - Courts below have recorded concurrent finding of facts as to non payment of arrears of rent - Held, such judgments containing valid reasons cannot..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Bona fide requirement - Held, right of NRI landlord can be defeated by a tenant by showing that bonafide requirement was a pretext to get accommodation vacated and landlord was not owner of premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Bona fide requirement - Landlords established that all eight shops which are part of one main building are required by them - Tenant's plea that landlords have already got evicted tenant from another part of building and therefore they are not entitled to ask for eviction of petitioner/tenant..........
Civil Procedure Code, 1908, Order 21, Rule 97, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 12 -- Eviction - Recovery of possession - Tenant compromised eviction suit with landlord and agreed to vacate suit premises within stipulated period as reported in the compromise decree - Tenant did not vacate suit premises within stipulated time - Execution..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Eviction decree - Trial court on thorough examination of evidence discovered that preparation of partnership deed was only sham affair and in fact there did not exist any partnership deed between tenant and sub-tenant - Evidence on record proved sub-letting - Held, eviction justified - No interference required -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a) -- Eviction petition - Bona fide need - 80 years old landlord sought eviction of tenant on ground that he needs separate house because for 3/4 years he was not getting proper care from his daughter-in-law and was unable to live in a house where atmosphere of house has become suffocating because of frequent..........
Evidence Act, 1872, Section 101 -- Eviction petition - Burden of proof - Tenant's plea that partnership business was running in shop with consent of landlady - Held, burden lay upon tenant to establish claimed fact - Burden wrongly shifted on landlady for not admitting fact in plaint that any partnership business was started by the defendants with her consent...........
Transfer of Property Act, 1882, Section 111 -- Eviction - Sub-letting - Proof of - Tenant admitted petitioner as landlady - Tenant's plea that partnership business was running in shop with consent of landlady - Held, tenant under legal obligation to establish that partnership deed created by him to run business in shop was with consent of landlady and that he did not want..........
