Rent and Eviction -- Non residential building - Bona fide requirement - Landlord in possession of another non residential building - A landlord is not precluded to seek eviction of tenant from any non residential building even if he is having another non-residential building if landlord is able to satisfy that non residential building occupied by him is not sufficient and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - To start business after retirement - Sons of petitioner attained majority during pendency of proceedings - Landlord retired from service - Except pension has no other source of income - Held, need is bonafide...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(A)(1A) -- Specified landlord - Eviction petition - Leave to contest granted - Procedure adopted as prescribed for an eviction petition u/s 13 of the Act - Eviction order passed - Eviction order though described as one u/s 13(1-A) of the At but it is passed u/s 13 of the Act - Appeal against order of..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(1A), 13A(8) -- Specified landlord - Eviction petition - Landlord retired from service - Premises let out after retirement - Landlord does not fall within special category landlords and not entitled to invoke summary procedure of eviction u/s 13A of the Act - Landlord can seek eviction u/s 13 of the Act like..........
Court Fees Act, 1870, Section 7(v), Civil Procedure Code, 1908, Order 7, Rule 7 -- Landlord purchasing property in possession of tenant - Eviction petition - Failure to prove relationship of landlord and tenant - In absence of proof of relationship of landlord and tenant landlord is not entitled to a decree for possession - However, landlord is entitled to seek possession..........
Transfer of Property Act, 1882, Section 105, Evidence Act, 1872, Section 27 -- Failure to prove relationship of landlord and tenant - In the event landlord proves his title he can get a decree of possession on the basis of title - Defendant can raise a contention that he had acquired an indefeasible title by adverse possession...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bonafide requirement - Co-operative Society - Bonafide requirement - Some open space near the shop available with the landlord - Tenant has no right to dictate the landlord that instead of seeking eviction he should raise fresh construction to meet his requirement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Plea of tenant that he had paid rent - Proof of - Rent paid without taking receipt - Tenant an organization - Other office bearers of organization acknowledging non payment of rent - Statement of landlord that he has not received the rent - Plea of tenant as to payment of rent is contrary..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Specified landlord - Certificate of ownership issued by Estate Office who is custodian of record of ownership of immovable property - Eviction petition cannot be rejected on the ground that certificate of ownership is a sham transaction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, 13B,, 18A -- Specified landlord - Bonafide requirement - Tenant not applying for leave to contest within statutory period - Has no right to file application U.O.7.R.11 CPC for rejection of eviction petition...........
