East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Cease to occupy - Plea that tenant has ceased to occupy shop for 3 years - Denial of this fact by tenant - Plea of tenant that he is running medicine shop - Tenant not produced any account books or any other documentation which he may have been maintaining in ordinary course of his business in order to prove..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Eviction petition - Ground that premises have become unfit and unsafe for human habitation - Expert witness examined at the behest of landlord found that 100% of batons used in roof were moth eaten and termite effected - Deposition of expert witness supported by testimony of professional photographer -..........
Punjab Premises (Eviction of Unauthorised Occupants) Act, 1973, Section 5, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -- Expiry of lease period - Eviction of lessee - There were 73 tenants whose lease had expired - No action taken against them - Plea of tenant that action of authority was unfair - Order of eviction set aside as action of..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, Punjab Premises (Eviction of Unauthorised Occupants) Act, 1973, Section 5 -- Public premises - TP act applicable - Rent Act will not apply - Provisions of Public Premises act overrides the provisions of Rent Act and a person in authorized occupation cannot invoke the protection of Rent Control Act -..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Eviction petition - Ground that tenant has ceased to occupy the premises which were commercial in nature - Tenant failed to produce any account books, the production whereof would have proved that the tenanted premises was in a functional mode during that period - Tenant, in his affidavit set up..........
Rajasthan Rent Control Act, 2001, Section 9 -- Eviction of tenant - Bona fide necessity - Lack of pleading - Plea that there was no pleading for bona fide necessity in petition - Plea of bona fide necessity only in relief clause - Tenant specifically took stand that landlady is residing in Government allotted residence and her sons are in service and that she has no bona..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction order - Execution - Obstruction by third party - Claim of tenancy - No documentary evidence of taking shop on rent - No rent receipt produced - Rent sent once by Money order but no proof of same - Rent not deposited in Court when rent sent through money order not accepted - Mention of inaugural function but same..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A(2) -- Schedule II - Eviction proceedings - Application by tenant seeking leave to defend - Plea of tenant that he got notice of proceedings only on date he first appeared in Court - Application filed within 15 days of notice - In absence of prior personal service of notice to tenant and any satisfactory material to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- NRI landlord - Seeking eviction of tenant to start business in the tenanted premises - Petition opposed by tenant that landlord was an elderly person and since his family members and relatives are living in Canada, hence elderly person cannot run business singularly - Contention not tenable - Held, NRI..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction order - Execution - Petitioner claiming to be a direct tenant - Rent alleged to be paid through cheques and also directly to a son of the landlord - However, there is no evidence to prove the same or that landlord had uncashed the cheques - No document to prove relationship of landlord and tenant..........
