Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 7 -- Proceedings u/ss 5 & 7 of the Act initiated by appellant - Respondent claiming to be in possession as an evacuee property - Respondent filed writ petition by contending that proceedings under the Act are without jurisdiction - High Court remanded the matter to Chief Settlement..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(i)(a) -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Eviction petition on the ground that premises is required for expansion of business - Held, fact of joining two sons in business is only an additional need and not sole basis for seeking eviction of tenants as landlord themselves wanted tenanted premises for personal use and..........
Delhi Rent Control Act, 1958, Section 3,50, Transfer of Property Act, 1882, Section 108,109,111 -- Six portions of one property rented out to same tenant at different occasions - Each tenancy commenced at different rates of rent - Rent of all portions paid by one cheque - Held, it will be considered as a single tenancy - Single suit for eviction is maintainable...........
Delhi Rent Control Act, 1958, Section 3,50 -- Two co-owners - Tenant purchasing share of one co-owner - Tenant cannot raise the plea of determination of tenancy on the ground of merger of his rights in that of share of the undivided estate of landlord, unless that merger is in respect of complete title or interest - It is not open to tenant to challenge maintainability of..........
Delhi rent Control Act, 1958, Section 3,50 -- Tenancy - Determination of - Validity of - Plaintiff terminated tenancy by letter dated 10.05.1995 - There is a clear acknowledgement of receipt of letter by defendant - Defendant replied to the notice that his tenancy is protected under provisions of Delhi Rent Control Act and there is no legal ground to terminate his tenancy..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Eviction petition - Impairing value and utility - Eviction sought on ground that tenant had illegally and unauthorisedly encroached upon area by including verandah of shop after replacing shutter - Fact of extending shop by encroaching verandah proved on record - No evidence brought by tenant showing that..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Eviction - Bonafide requirement - Personal necessity - Plea of tenant that landlord is having share in ancestral property - Appellate authority found that landlord had no other property except demised shop in question - Held, eviction granted on ground of personal necessity is justified...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Eviction petition of tenant from a shop on ground of personal necessity - Proof of - Held, a NRI landlord is required to prove that (i) he is a NRI (ii) he has returned to India and required property for his use or for use of any one ordinarily living with him and dependent on him (iii) his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Eviction petition - leave to defend - Held, tenant's affidavit asking for leave to contest NRI landlord's application is required to be confined to grounds which NRI landlord has to prove...........
