Civil Procedure Code, 1908, Order 9, Rule 13, East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Exparte eviction order - Setting aside - Dismissal of application - Appeal thereagainst not maintainable before Appellate Authority...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Unsafe and unit for human habitation - First and second floor of building in dilapidated condition - Tenanted premises in good shape - If substantial part of the integral larger building has become unsafe and unfit for human habitation the tenant can be ejected from the demised premises forming part..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlord an agriculturist - Shop required for business - Order of eviction of tenant on ground that agriculture is such a profession which can be done without the help of a landowner - Order of eviction, upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Shop in possession of landlord of smaller size and not suitable for running cloth business - Shop in possession of tenant much bigger shop - It is for the landlord to choose which of the premises is suitable for his business - Eviction upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Non production of account books by tenant - Where tenant is a petty shopkeeper, non production of account books do not lead to draw any adverse inference...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Non consumption of electricity - Mere non consumption of electricity by itself is not sufficient to hold that tenant has ceased to occupy the premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Onus to prove - Onus is on landlord to prove that tenant has ceased to occupy the premises for continuous period of four months without any just and reasonable cause - Landlord has to stand on his own legs and cannot take benefit of weaknesses in the case of tenant, if any...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Cease to occupy - Once landlord proves that tenant has ceased to occupy premises for required period then burden shifts to the tenant to prove that it was for sufficient reason...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Cease to occupy - Specific date not mentioned - Immaterial in view of the fact that premises not used for 4 to 5 years...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Transfer of Property Act, 1882, Section 105 -- Splitting up of tenancy - Property sold to three different persons - Entire property occupied by one tenant - Landlord seeking eviction from the portion owned by him - Held, splitting of tenancy has occurred due to operation of law and interest created in three..........
