Rent and Eviction -- Shop - Bonafide requirement - After evicting a tenant from the suit premises landlord did not start his business in the premises - Incident occurred several decades ago cannot be relevant to determine the actual controversy for the reason that need of the landlord is to be examined as per the circumstances prevailing on the date of the institution of..........
Rent and Eviction -- Shop - Bonafide requirement - Landlord is the best Judge of his need - However, it should be real, genuine and the need may not be a pretext to evict the tenant only for increasing the rent...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Title suit - Challenging decree passed on basis of oral partition - Landlord who is a co-owner cannot plead that since he is collecting rent and letting out the property from time to time that he has become exclusive owner or a partition has been effected - Family arrangement..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, 13B -- Ejectment petition by NRI landlord on ground of personal necessity - Earlier also landlord filed eviction petition on ground of personal necessity - That petition came to be negatived - Landlord petitioner acquired title long after the same had been rented out to the respondent-tenant - Controversy about the..........
Transfer of Property Act, 1882, Section 106 -- Property in possession of tenant - Suit for possession - Owner of the property is always the landlord, even if he fails to prove the relationship of landlord and tenant between the parties - Owner after issuing valid notice u/s 106 PTA can always seek possession from the person in occupation...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Eviction petition - Compromise between parties - Eviction order passed on basis of compromise whereby tenant was to vacate premises after 3 years and 6 months - Tenant failed to vacate within stipulated time - Landlord filed execution petition - Plea of tenant that decree passed on the basis of compromise is a nullity - Held,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Relationship of landlord and tenant - Plea of tenant that he is a licencee as landlord who is closely related to him had given the shop on licence basis out of love and affection - Plea repelled - Tenant failed to show what was the exact relationship...........
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 -..........
Rent and Eviction -- Company - Amalgamation with another company - Amalgamating company (Transferor Company) loses its identity - It amounts to amalgamating company inter alia transferring its right under the lease even if it be considered as an involuntary transfer - It amounts to sub letting when it is without the written consent of the landlord and would result in..........
Rent and Eviction -- Premises let out by one company to another company - Eviction order passed on ground of bonafide requirement - During pendency of revision petition landlord company merged with another company - Amalgamated company is entitled to the benefit of eviction - Further held, (a) the rights of the landlord are to be determined as on the date of ejectment..........
