East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Execution proceedings - Objections - Contention of appellant/tenants that ejectment order cannot be executed against them as they were not parties to ejectment order - Further, objections filed by them were dismissed summarily by Courts below without granting opportunity of leading evidence to..........
Rent and Eviction -- Relationship of landlord and tenant - Only basis on which plaintiff himself seeks to introduce himself in present lis is the Agreement to sell which document is neither registered nor properly stamped - Executor of said agreement to sell has denied his signatures on said document - Held, same cannot furnish any basis t present plaintiff for claiming..........
Rent and Eviction -- Bona fide necessity - It is for landlord to choose premises which would suit his requirement and it hardly lies with tenant to dictate the terms to landlord and suggest landlord to satisfy his business need with available premises which may or may not belong to the person for whose need eviction is sought...........
Rent and Eviction -- Expeditious disposal - Petitioner/landlord a war widow aged 73 years - Ejectment sought on ground of personal necessity - Directions issued to Rent Controller to expedite proceedings and conclude ejectment petition within nine months...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent judgments of Court below - Appeal not pressed - Counsel for appellants-defendants submits that since possession of suit shop has been handed over to respondents-plaintiffs-landlord and he, therefore, does not want to press this second appeal on merits - Counsel for respondents-plaintiff also does not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Ownership for five years - Determination of - Landlord acquired ownership rights for first time only after death of his father - Landlord was not owner for period of five years on the date of presentation of eviction petition as an NRI - Held, if deceased owner was also an NRI, then..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 7(2) -- Eviction - Natural justice - Held, eviction order cannot be passed u/s.7(2) of the Act without giving an opportunity of being heard to occupier - In present case, since no show cause notice was ever issued and no opportunity of being heard was granted to petitioners before passing eviction order u/s.7(2)..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Bona fide need - Subsequent events - Landlady aged 77-78 years sought eviction on ground of her personal necessity - She was residing with her son for the last 30-45 years in another residential house - She being aged was unable to walk and thus totally dependent upon her son - During..........
Rent and Eviction -- Bona fide requirement - Shop purchased with a sitting tenant - Cannot be said that requirement of purchaser/landlord is not genuine...........
Rent and Eviction -- Partial eviction - In case of a single shop, partial eviction cannot be passed...........
