Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Limitation Act, 1963, Section 5,14 -- Condonation of delay - Petitioner filed revision petition before High Court - Impugned order was appealable - Petitioner sought to withdraw revision petition with liberty to challenge impugned order before appellate authority - Held, petitioner was pursuing his..........
Rent and Eviction -- Issue of title - Held, issue relating to title is not relevant in eviction matters at all either under Rent Control Act or u/s. 106 of Transfer of Property Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Ground of material alteration and impairment - Authorities below recorded concurrent finding of fact that tenant removed a load bearing wall in demised premises - Removal of same impaired value and utility of demised premised - Held, removal of interning wall is a question of fact - Findings..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Non payment of rent - Eviction - Provisional rent assessed by Rent Controller @ Rs.6000/- p.m. - Tenant tendered rent @ Rs.1800/- p.m. - Held, tenant not complied with order of Rent Controller - Liable to be evicted on ground of non payment of rent...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 15, Rule 5 -- Non payment of rent - Striking off defence - Applicability of provisions of CPC to Eviction proceedings - Held, provisions of CPC are not applicable to proceedings under Rent Act strictly - Yet principles can be applied in proceedings under Rent Act by Court..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Bona fide need - Petitioner requires demised premises for her husband's use and occupation on ground of bona fide need - Demised premises adjoining shop of husband - Husband running business in a small premises - Held, demised premises is most suitable to husband - Eviction order affirmed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Bona fide need - Alternative accommodation - Contention of tenant that landlord has alternative accommodation and therefore need is not bona fide - Held, it is for the landlord to decide which property is bona fide required by him - Tenant is no one to dictate which property can be more suitable as landlord is..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bona fide requirement - Presumption as to - Landlady is of Indian origin settled in U.K. - Pleading in eviction petition that she wants to return to India permanently - She wants to start her business in demised property - Held, landlady fulfills all conditions as provided in S.13-B of Act - A..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - Leave to contest declined by Court - Held, settled position of law that once leave to contest declined eviction order has to follow...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Definition of `NRI' - Held, definition of expression NRI cannot be confined to only those who are holding Indian passport and continue to be Indian citizens - Definition in fact embraces all those categories of Indians living abroad whether citizens, whether born in India or abroad, whether..........
