East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Landlord required the premises for his son for opening a gym - Non-disclosure of other properties - Landlord is exclusive owner of demised premises, while other properties are jointly owned by his other family members - Non-disclosure of said properties held not fatal to the case of landlord - Tenant..........
Agreement to sell -- Specific performance - Agreement uncertain as it does not specify sale consideration or the mode and manner of determining sale consideration - Moreover, it is inconceivable that landlord while agreeing to sell his flat to tenant would agree that rent paid till the completion of sale would be adjusted in the price - Agreement executed in the year 1992..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide requirement - Landlord required the demised shop for business purposes - However, landlord is owner of three adjacent shops out of which one is lying vacant - Nothing on record to show that demised shop is the only premises which would be suitable for running business - Moreover, evidence on..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - Non disclosure of full facts in earlier petition - Cannot lead to inevitable conclusion that in subsequent petition landlord would make out a false case...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - Personal necessity - Presumption - If a landlord seeks eviction for commercial purposes, his need should always be presumed as correct, genuine and bonafide...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Joint petition against two tenants - Held,single eviction petition against two tenants of same building occupying adjacent premises is maintainable against both tenants...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(b) -- Eviction - Leave to defend - In cases where a leave is refused to the tenant to defend the proceedings brought by the landlord, eviction of tenant has to be ordered an as automatic consequence...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2) -- Eviction - Re-building - Approval of construction plan is not sine qua none for passing eviction order on the ground of bonafide requirement of construction...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2) -- Eviction - Re-building - Non-mentioning of condition of building - Where demised premises is required bonafide by landlady for the purpose of rebuilding or making substantial addition or alteration to increase economic utility of demised premises which could not be carried out without eviction of tenant then..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2) -- Eviction - Sub-letting - Landlady not pressed the issue of sub-letting before Rent Controller - It is not expedient in the ends of justice to give any finding relating to plea of sub-letting at the revisional stage before High Court...........