East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Landlord can seek eviction of a tenant on ground of bonafide requirement to set up own business without residing 'permanently' in the urban area concerned - A landlord may reside any where in India or in the world and still run a successful business,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Solitary statement of landlord - Eviction on the basis thereof without any corroboration - Held, it is the quality and not the quantity of evidence that is the basis for a judicial finding...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Failure to disclose nature of business - Nature of business to be set up by the landlord, his financial wherewithal, may in a given circumstance, be a ground to hold against a landlord - In the present case tenant failed to establish any fact or..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - One tenant in the front portion and the second in the rear portion - Eviction sought of tenant in the rear portion - Contention that rear portion not suitable for landlord - Held, as tenant himself is managing a successful business in the rear portion..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Eviction from shop on ground of personal necessity - Amendment sought to add need of son - Bona fide need of dependents of a landlord is bona fide personal need of landlord himself - Landlord is at liberty to file a fresh suit on ground of necessity of his son - Amendment is to be allowed when landlord is..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlord a practising Advocate - Presently staying with his father as a Licencee and has bought the house for his own use and occupation - Need on account of his professional requirement as well as due to his two grown up children who would need separate place for their studies -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlord to be best Judge of his requirement - Landlord is to decide for what purposes he requires the premises - Landlord is the best Judge of his residential requirement - He has a complete freedom in the matter - It is no concern of the Courts to dictate to the landlord how and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Restoration of possession - Tenant can always ask for restoration of possession of tenancy premises in case landlord does not occupy the same or sells the same after evicting the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Relationship of landlord and tenant - Where tenant denies relationship of land and tenant, Rent Controller is not required to draw a provisional order of assessment of rent and give an opportunity to make payments of arrears of rent - Order of eviction upheld...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent & Eviction - Bonafide necessity - Provision of law allowing eviction of a tenant from residential building on ground of bonafide necessity and not from a building let out for non residential purposes is violative of the doctrine of equality embodied in Article 14 of the Constitution of India - Held, a tenant can be..........
