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..........
Civil Procedure Code, 1908, Section 4, 7, Order 9, Rule 3, 4 - - Eviction application - Both parties absent - Dismissal of eviction application for default - Restoration of - Issuance of notice to defendant - Not necessary - Held, O.9.R.3 of CPC provides that where neither party appears, Court may dismiss suit - However in such situation it is not necessary to issue notice..........
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, Section 151, Order 6, Rule 1 -- Closure of evidence - Recall of order - Eviction petition filed in the year 1994 - No written defence filed by respondents No.9 & 10 - Categorical statement of their counsel that they do not want to lead any evidence - Thereafter, no written statement filed to amended petition - Trial Court closed the evidence -..........
Evidence Act, 1872, Section 101 -- Eviction petition - Burden of proof - Tenant's plea that partnership business was running in shop with consent of landlady - Held, burden lay upon tenant to establish claimed fact - Burden wrongly shifted on landlady for not admitting fact in plaint that any partnership business was started by the defendants with her consent...........
Transfer of Property Act, 1882, Section 111 -- Eviction - Sub-letting - Proof of - Tenant admitted petitioner as landlady - Tenant's plea that partnership business was running in shop with consent of landlady - Held, tenant under legal obligation to establish that partnership deed created by him to run business in shop was with consent of landlady and that he did not want..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Eviction petition - Pleadings and evidence - Tenants did not plead as to who was earlier landlord of shop - Held, no evidence could be read without pleadings - Trial court erred in reading evidence about earlier landlord in absence of such pleading...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay of execution - Eviction decree - Second appeal of defendant admitted - Eviction stayed during pendency of appeal subject to terms and conditions...........
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..........
