Delhi Rent Control Act, 1958, Section 3,50, Transfer of Property Act, 1882, Section 108,109,111 -- Six portions of one property rented out to same tenant at different occasions - Each tenancy commenced at different rates of rent - Rent of all portions paid by one cheque - Held, it will be considered as a single tenancy - Single suit for eviction is maintainable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Eviction petition - Impairing value and utility - Eviction sought on ground that tenant had illegally and unauthorisedly encroached upon area by including verandah of shop after replacing shutter - Fact of extending shop by encroaching verandah proved on record - No evidence brought by tenant showing that..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Eviction - Bonafide requirement - Personal necessity - Plea of tenant that landlord is having share in ancestral property - Appellate authority found that landlord had no other property except demised shop in question - Held, eviction granted on ground of personal necessity is justified...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Eviction petition of tenant from a shop on ground of personal necessity - Proof of - Held, a NRI landlord is required to prove that (i) he is a NRI (ii) he has returned to India and required property for his use or for use of any one ordinarily living with him and dependent on him (iii) his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Eviction petition - leave to defend - Held, tenant's affidavit asking for leave to contest NRI landlord's application is required to be confined to grounds which NRI landlord has to prove...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Eviction of tenant sought on the ground of impairment of value and utility of the demised premises on account of material structural alteration - Two shops let out to tenant on two different occasions - Tenant allegedly removed intervening wall between two tenanted premises - Tenant admitted in his written..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Co-owner - An order of ejectment obtained by a NRI - Co-owner will bind other co-owners but will not entitle other NRI and/or a co-owner to seek ejectment of tenant from another building either owned solely by such co-owner or jointly with other persons as co-owner in exercise of right of eviction..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Eviction petition filed by landlord through attorney on ground of bona fide necessity of son to set up hospital at Jalandhar, though son already running hospital at Ludhiana - Tenant contended that landlord had renounced world and there is no evidence on record of any correspondence between father and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a), Civil Procedure Code, 1908, Order 41, Rule 27 -- Eviction of tenant sought on the ground of sub-letting - Eviction order passed - In first appeal sub tenant sought to produce evidence to substantiate his claim that he is direct tenant - Production of additional evidence rejected by Appellate Court -..........
Civil Procedure Code, 1908, Section 11, Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5 -- Res judicata - Unauthorized occupants - Ejectment of tenant - Application for ejectment was previously dismissed on the ground that tenants were not in unauthorized and the payment of leases showed that there had been a continuation of lease and that..........
