East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction petition - Arrears of rent - Relationship of landlord and tenant denied - However, tenant deposited Rs.40, 000/- - Rent Controller and Appellate Authority holding existence of relationship of landlord and tenant and outstanding arrears of rent as Rs.3.97 lakhs - Held, once relationship of landlord..........
Delhi Rent Control Act, 1958, Section 14D -- Right of widow landlady to evict tenant - Widow landlady filed eviction petition on the ground that she requires the premises for her own residential purposes - Tenant inducted in the suit property by the previous owner from whom the husband of window landlady purchased tenanted premises - Tenant neither inducted by landlady nor..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i)(a) -- Bonafide requirement - Failure to plead not occupying any other premises in the area - Tenant failed to take this objection in written statement - Held, pleadings have to be considered broadly in a rent petition where it is not captive to the strict law of interpretation which may be a..........
Wakf Act, 1995, Section 6(5), 85 -- Ejectment of tenant from wakf property - Only civil court has jurisdiction to adjudicate eviction proceedings - Jurisdiction of tribunal is barred...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Eviction petition - Ground of subletting - Death of tenant - Plea that widow has sub let the premises - Widow took the plea that alleged sub tenant is brother of her deceased husband who helps her in her business and that she has not sub-let the shop - Sub tenancy cannot be lightly inferred - Landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Tenant running auto repair workshop in demised premises with help of mechanic - Landlord sought eviction on the ground that tenant has sub let premises to mechanic - No evidence that tenant parted with possession for consideration/rent and has no control over business being run in the shop..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Eviction petition on ground that tenant has ceased to occupy - Tenant closed his business of stone crushing - Stone crushing was prohibited in the area - For rehabilitation of stone crushers, separate land was carved out - No labour was found at the spot when draftsman went for preparing a site..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(2) -- Appeal against eviction order - Appellant Authority stayed execution of eviction order subject to deposit of mesne profit @ 20, 000/- - Held, order of Appellate Authority cannot be faulted - If tenant continues to occupy premises after tenancy comes to end, he is liable to pay damages for use and occupation at..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Arrears of rent - Claim of petitioner that rent of Rs. 2000/- P.M. has not been deposited for 22 months - On the basis of previous litigation, the rent was assessed at the rate of Rs.500/- P.M. and that rent had been paid by the tenant - Plea of petitioner cannot be accepted -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Bonafide necessity - Non residential building - Eviction of tenant on ground of bona fide need is permissible not only from residential but also from non residential building - Lack of experience in a business does not weaken the case of landlord - Plea of tenant that landlord wanted to sell..........
