East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Consolidation of eviction petitions - Predecessors-in-interest of petitioner created three tenancies by executing three different rent notes in favor of respondent qua one building, although for separate portions - He filed three ejectment petitions seeking eviction of respondents on ground of personal necessity -..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bonafide requirement - Plea that landlord is Secretary of Co-operative Transport Society and he wants to set up an office of that Society in the demised premises and need it for his own use as he is M.Sc. (Agriculture) and wants to utilize his experience by setting up a business of selling of..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(ii)(b), (c) -- Eviction sought on ground of bonafide requirement of son of landlord - Landlord did not comply with the provisions of Section 13(3)(a)(ii)(b)(c) of the Act as he omitted to disclose the fact that he has not vacated a building or rented land without sufficient cause after the..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Ejectment petition filed on the ground that tenanted premises have become unfit and unsafe for human habitation - Held, mere cracks in building or falling of part of roof does not per se prove that building has become unfit for human habitation...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(iii)(b), 13(3A) -- Landlord sought eviction of tenant for setting typewriting college - Landlord quoted wrong provision of law by seeking eviction u/s 13 (3-A) of the Act - Tenant raising plea that the rented premises were not the building but an open plot and thus application was maintainable u/s..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Land given to plaintiff by Municipal Council on Teh Bazari for construction of shop - Plaintiff filed suit for permanent injunction claiming himself to be statutory tenant - Provisions of Rent Act not applicable as per notification dated 3.6.1959 to building and rented land belonging to Municipal..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Specified landlord - Bona-fide requirement - Specified landlord can seek eviction of tenant on the ground of bona-fide requirement - There is no distinction between residential and commercial premises in so far as the bona-fide need of landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Specified landlord - Bona-fide requirement - Specified landlord filed composite petition under Section 13 and 13A seeking eviction of tenant on ground of bona-fide requirement - Rent Controller adopted procedure of trial as envisaged under..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Landlord stating on oath that tenant has ceased to occupy tenanted shop and doing no business therein - Landlord discharges its burden of proof - Onus then shifts on tenant to prove that he is still doing business therein by producing accounts book, sales tax registration, income tax..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Original tenant died - All legal heirs well established and some of them settled abroad - None is doing any business in the shop in question - Plea of landlord seems to be sound - Eviction order passed...........
