East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Bonafide requirement - NRI landlord sought eviction of tenant from demised premises by availing remedy of summary eviction - Petitioner contended that when eviction of tenant has already been ordered, landlord cannot avail remedy of summary eviction u/s 13-B of the Act - Held, if there are more than one tenant in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Limitation Act, 1963, Section 5 -- Eviction petition - Leave to defend - Delay - Applicability of Limitation Act, 1963 - Held, Limitation Act, 1963 is not applicable - Rent authority deemed to be Court only for limited and specific purposes - Rent authority has no power to condone delay in filing leave to defend...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Family of land lord consisting of his wife and three daughters - One daughter already married and second was married during pendency of eviction application - Third daughter passed M.A. and was of marriageable age - - Rent petition dismissed on the ground that statement of..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Subletting - Tenant bequeathing tenancy rights of commercial property in favour of one son to the exclusion of other legal heirs - Held, act of tenant would not constitute sub letting so as to attract the wrath of eviction u/s 14(1)(b) of the Act...........
Delhi Rent Control Act, 1958, Section 14(1)(a), 14(1)b), 39 -- Eviction petition on ground of sub letting - As per landlord, shop let out to `M' who sub let it to `S' - Landlord produce rent note to prove tenancy with `M' - Signatures on alleged rent deed appears to be fabricated - No independent witness examined to prove alleged tenancy - `S' claimed himself to be direct..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlord requiring tenanted shop for his unemployed son who is settled abroad and also wants to settle himself in a business as he stood retired from the Govt. service - Tenant resisted petition alleging that both sons of landlord are well settled - Held, every citizen as well as..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Bonafide requirement - Landlord residing on first floor and second floor of building - Ground floor of the building let out for commercial purposes - Landlord seeking eviction of tenant from ground floor for residential purposes on the plea that his father is suffering from serious ailment and as such he wants to shift to..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Landlord getting ownership of tenanted premises by way of Will - Landlord filing eviction application on the ground of bonafide requirement - Tenant disputed ownership of landlord on the ground that no probate of the Will obtained - Held, tenant cannot dispute title of landlord - Tenant is a stranger to the Will and as such..........
U P Urban Building (Regulations of Letting, Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Jurisdiction of Small Cause courts - Framing of issue regarding title - Refusal - Issue relating to fraud involving transfer of property - Trial court refused to frame issue as nobody questioned ownership of plaintiff - Petitioner failed to disclose in what..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 7 -- Provincial Government shown to be owner in revenue record - Respondents claiming adverse possession for occupying the land for more than 30 years after the grant/gift by Maharaja of Kapurthala to their forefathers - Respondents shown in the revenue record as cultivators/deemed owners..........
