Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15 -- Bona fide dispute of title - What constitutes a bona fide dispute? - Held, Court can only give some illustrations such as long, peaceful and uninterrupted possession of claimant - Possible cases where hostile and adverse possession is set up - Genuine interpretation of documents etc...........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Eviction - Non-occupation of premises - Non consumption of electricity in a commercial premises - Held, it proves fact that premises was not being occupied by a tenant because electricity is required in day to day course of business - In present case, when it has been specifically mentioned by electricity..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 15 -- Eviction - Bona fide requirement for starting business - Held, nature of business must literally determine whether bona fides are established or not - If business is such as that it does not require any particular technical expertise and if landlords means themselves are not in dispute to establish a business,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Ejectment - NRI landlord - Reasoning given by landlords in their ejectment application seems to be quite plausible and it is duly supported by affidavit - As per requirement of S.13-B of the Act, same is enough for ordering eviction of tenant from demised premises as presumption has to be taken by Court that..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, Punjab Public Premises and Land (Eviction and Rent) Recovery Rules, 1974, Rule 4 - - Service of notice - Eviction order - Validity - Petitioner is in possession of agricultural land and, therefore, required to be served personally - Service report reveals that petitioner was not available..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Constitution of India, 1950, Article 226 -- Eviction - Unauthorized possession - Warrant of possession - Eviction proceedings culminated in order dated 17.09.2004 - Petitioner filed writ petition in year 2010 - Inordinate delay in approaching Court not explained - Father of petitioner has already lost legal..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv) -- Eviction petition - Bona fide need and reconstruction of building - Non-production of plan and license - Effect - Landlord has pleaded that as building is in a dilapidated condition, he has proposed reconstruction of building also - Held, when two grounds viz., S.11(3) and 11(4)(iv) are..........
Landlord and tenant -- Injunction suit by tenant restraining landlord from forcibly evicting him - If it is held that tenant has got no right then landlord need not file separate suit for eviction of tenant - Landlord may seek eviction of tenant in execution of the decree passed in the suit in question itself...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Mesne profits - Held, direction for mesne profits is a provisional arrangement and does not conclude status of tenant during pendency of appeal...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Appeal against - Pendency of - Status of tenant - Held, it cannot be said that when there is an appeal pending against order of eviction, possession of tenant is unlawful - So long as order of stay is operative and consideration of whether order of eviction could be assailed or not has not become final,..........
