East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), 13(3)(b), 13(3)(c) -- Requirement for own occupation - All ingredients mentioned in Clauses (b) and (c) not pleaded in eviction application - Landlord should be permitted to amend eviction application to include all three ingredients of Section 13(3)(a)(i). (Para 9)
(1975 R. C. J. 320 and 1976 R. C. J...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Landlord's requirement for own occupation - Landlord felt inconvenient to live on first floor and desired to live on ground floor - Nothing mala fide - Landlord entitled to live on ground floor if he has a preference for ground floor irrespective of matters of a personal nature pertaining to members of..........
East Punjab Urban Rent Restriction Act, 1949, Section I3(3)(a)(i), 13(4) -- Eviction on ground of landlord's requirement for own occupation - Landlord if does not occupy himself the vacated building - Tenant has remedy under Section 13(4) of the Act...........
Civil Procedure Code, 1908, Section 100, 101 -- Denial of title of landlord by tenant is a question of fact and finding of fact cannot be interfered in second appeal...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(b) -- Change of user of building - Landlord must prove : (a) purpose for which building leased; and (b) use by tenant for contrary purpose...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(a) -- Sub-letting - Essential ingredients: (i) parting with exclusive possession of whole or any portion of building for valuable consideration; and (ii) transferring rights under lease by delivery of possession - Absence of clear showing by landlord regarding specific portion of shop sub-let -..........
Punjab Security of Land Tenures Act, 1953, Section 18(4)(c) -- Amount of instalments - Not actionable claim - Partakes some traits of decree but not a decree - Can be said to be property - Gift of amount of instalments - Can be only by registered instrument.
A reading of clause (c) of sub-section (4) of Section 18 of the Punjab Security of Land Tenures Act shows that if..........
Punjab Security of Land Tenures Act, 1953, Section 9A, 9, 14A - - Conditional order of ejectment - Tenant not to be disposed unless resettled - Surplus area allotted to tenant - Warrant of possession issued against tenant on failure to take possession of land allotted - Tenant remained in possession of tenancy land - Not entitled to protection of Section 9-A - Tenant..........
East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13(2)(iii) - - Tenant replaced earlier choona flooring with cement flooring - Alteration whether increasing utility of shop - To be looked at from the point of view of landlord and not of tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Scope of - Sub-letting - Alleged original tenant and landlord supporting each others version - Likelihood of collusion between alleged original tenant and landlord - Evidence of sub-letting entirely of transactions between alleged original tenant and landlord - Such transactions should be viewed with..........
