East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii)(v) -- Ceased to occupy - Eviction of tenant sought from the shop on the ground that tenant ceased to occupy the tenanted premises continuously for a period of four months - There was no electricity consumption - Oral evidence of witnesses, including that of postman who used to pass in front of the shop found..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Ground of personal necessity - Property had fallen to the share of the landlord on account of family settlement by decree of the Court - Family settlement means that the property belonged to the family, which would in itself show that the respondent had a pre-existing right in the property being a..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to defend - Landlord made an attempt to interfere in the possession of the shop - Landlord approached tenant to purchase the shop or to vacate the same by getting some money - When tenant refused landlord demolished her adjoining shop so as to cause damage to the shop in occupation of the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlady an aged woman - Cannot live alone - Landlady required premises situated on first floor for her sister and her brother-in-law so that they live with her - Held, need bonafide...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Perception of a landlord as to his personal necessity, namely the nature and extent thereof, the premises to be occupied, are generally, in the absence of any evidence to the contrary, accepted as bona fide - Onus to establish otherwise lies on the tenant - In the absence of any..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Eviction order - Revision against - Power of revisional Court - Jurisdiction of revisional court is limited to an appraisal of impugned orders or proceedings so as to discern any error of jurisdiction, infraction of law or such perversity in the process of reasoning as has led to a miscarriage of justice -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - It is no part of Court's duty to examine whether the business to be set up would be successful or not in the tenanted premises - Choice of premises, the nature or the extent thereof rest solely with a landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Landlord can seek eviction of a tenant on ground of bonafide requirement to set up own business without residing 'permanently' in the urban area concerned - A landlord may reside any where in India or in the world and still run a successful business,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Solitary statement of landlord - Eviction on the basis thereof without any corroboration - Held, it is the quality and not the quantity of evidence that is the basis for a judicial finding...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Failure to disclose nature of business - Nature of business to be set up by the landlord, his financial wherewithal, may in a given circumstance, be a ground to hold against a landlord - In the present case tenant failed to establish any fact or..........
