East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a) -- Eviction petition - Bona fide need - 80 years old landlord sought eviction of tenant on ground that he needs separate house because for 3/4 years he was not getting proper care from his daughter-in-law and was unable to live in a house where atmosphere of house has become suffocating because of frequent..........
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..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - U.O.15.R.5(2) CPC the intention of the tenant to pay the rent and other dues have to be taken into account - In the instant case, it can very safely be held that the defendant-revisionist has no intention to commit default in payment of rent, etc. - Revisionist entitled to decision of Court not to..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(i)(a) -..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 41(3), Constitution of India, 1950, Article 14 -- Plots allotted for construction of hotels by NOIDA - Cancellation of allotment by State Govt. under revisional power - Done without giving hearing to allottees - Order violative of principles of natural justice - Liable to be set..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 6, 19 -- Land earmarked for commercial use - Allocation of for hotel - Not illegal - Use of land for hotel is commercial use under 1991 Regulations - Govt. policy giving status of industry to hotel - Does not convert use,.of land for hotel to industrial use - Cancellation of..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 1 -- Disposal of property - Policy once fixed - Ought to be followed by NOIDA - Allotment of commercial plots to hotels - Otherwise than by calling tenders - Illegal - Fact that allotment was made as per Govt. policy at industrial rate - Does not make allotment legal when..........
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..........
Rent and Eviction -- Sub letting - To prove subletting production of affirmative evidence showing payment of monetary consideration by sub-tenant to the tenant is not necessary - Inference as to subletting can be drawn from proof of delivery of exclusive possession of the premises by tenant to sub-tenant...........
Rent and Eviction -- Non user of suit premises for a period of six months preceding the filing of suit and that tenant is liable for eviction on ground of sub letting - Non consumption of electricity - Plea of tenant that he is a devout Jain and he closes the shop at 5.30 p.m. before the day getting dark - However, after two/three years electricity consumption started..........
