East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NIR landlord - Bona fide requirement - Leave to contest - At the stage of granting leave, real test should be whether facts disclosed in the application/affidavit seeking leave to defend prima facie show that landlord would be disentitled from obtaining an order of eviction and not whether at the end the defence..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NIR landlord - Bonafide requirement - Leave to contest - Landlord owned and possessed another house in the same urban area - Nothing said by landlord as to what was the ground of preference for getting the demised promises vacated - From the affidavit of the tenant it prima facie stands proved that landlord shall..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlady aged 65 years required demised shop for her own business - Rent Controller ordered eviction - Eviction order reversed in appeal - Held, that mere old age or that landlord has no past experience to run the business activities is no ground to question or suspect the need of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Cease to occupy for more than four months - Shop rented out in the year 1987 whereas electric connection was obtained in 1998 - Tenant contended that landlord refused to permit him to install the printing press in the shop and he had to use the premises for taking order of delivery of greetings and wedding..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Relationship of landlord and tenant denied and that property was situated within Lal Dora not forming part of Khasra No.520 - Landlord proved that Khasra No.520 was ownership of proprietors of the village and his father was co-sharer in this land which was inherited by landlord after the death of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - Leave to contest - NRI status proved - Ownership of property for more than 5 years proved - Premises required for constructing an office of Company dealing in property business - Landlord is the master of his requirement - Landlord's need for premises, held, genuine -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - bonafide requirement - Landlord is not strictly required to prove bona fide requirement - Legislative intent for setting up of a special procedure for NRI landlord is distinct from general provision of bona fide requirement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Proof of status - Copy of Alien Registration Certificate Testimony Residence Certificated, NRI Sabha identity card, Copy of Indian Passport issued by Indian Embassy, foreign passports of his Children - Held, NRI status not effected by a note incorporated in Residence Certificate that the same was..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - bonafide requirement - Act imposes a restriction that landlord shall not transfer it through sale or any other means or lease out the ejected premises before the expiry of a period of five years from the date of taking possession of the building...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A(4) -- NRI landlord - Bonafide requirement - Statement made by specified landlord is deemed to be admitted by the tenant in view of legal provisions contained in S.(4) of S.18-A of the Act...........
