Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Summary eviction by army personnel - S.3-A introduced to help army personnel to seek eviction of tenant through summary mechanism - However, eviction on ground of personal necessity is restricted only to residential building - S.13-A of the Act cannot be invoked to seek eviction from commercial..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revisional jurisdiction - When both Rent Controller and appellate authority disallowed petition of landlord seeking eviction on ground of bona fide requirement - In revision, it was contended by tenant that the court cannot disturb concurrent finding of fact of bona fide need as recorded by both the courts..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Eviction petition - Arrears of rent - Tenant denying relationship of landlord and tenant - Order of eviction passed after it was observed that there is relationship of landlord and tenant between the parties - At appellate stage tenant moved an application for assessment of rent - Held, if tenant..........
M.P.Accommodation Control Act, 1961, Section 12(1)(k), Civil Procedure Code, 1908, Section 148, 151 -- Suit for eviction of tenant - Court imposed damages of Rs.10, 000/- on tenant directing him to deposit in court within four months failing which decree of eviction to be executed - Tenant misunderstood order - Instead of making deposit in court tenant sent bank draft of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(iii) -- Eviction petition - Unfit and unsafe - Building 60 years old construction and in a dilapidated condition situated in low level area - Walls without plaster - Wooden roof eaten away by white aunts and building beyond repairs - Eviction order upheld - Compromise between parties regarding enhancement of..........
U P Urban Buildings (Regulation of Lettings, Rent and Eviction) Act, 1972, Section 29A(5) -- Determination of rent - Lease of land - Tenant constructing building on the leased land with the consent of the landlord by incurring expenses - Held - Rent of leased land is to be determined under Section 29-A(5) of the Act by District Magistrate in the absence of agreed rent...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Ceased to occupy - Shop closed since one year - Tenant started another shop leased by Municipality - Finding of Rent Controller that wife of tenant was doing business in another shop - Reversed by Appellate Court by holding that if wife of tenant is doing business in the shop taken on rent from..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Written statement - Amendment - Eviction petition - Ground of bonafide requirement - Subsequent event - During pendency of petition landlord got another shop vacated - Tenant by way of amendment of written statement want to plead this fact - Tenant allowed to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Requirement of premises for self and for son - A landlord is entitled to seek eviction of tenant for his need and need of his family members - Benefit cannot be restricted to landlord alone...........
Rent and Eviction -- Relationship of landlord and tenant - Landlord accepting rent from sub-tenant - `Bhumi Kalpataru' became a newly constituted firm `Shri Bhumi Kalpataru' - Held, acceptance of rent from newly constituted firm on such facts and circumstances does not create relationship of landlord and tenant between landlord and sub-tenant...........
