Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Family settlement and on that basis a civil decree passed - Such decree cannot be questioned at the instance of the tenant - Rent Controller cannot enter the controversy which involves the title, the validity or invalidity thereof...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(v) -- Agreement to sell - Vendee put in possession as tenant - Vendee paying entire consideration and filing suit for specific performance - Status of vendee as tenant will not change - Vendor entitled to file suit for ejectment on ground of bona fide requirement - Decree for eviction passed by Rent..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Cease to occupy - Once landlord proves that tenant has ceased to occupy premises for required period then burden shifts to the tenant to prove that it was for sufficient reason...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Cease to occupy - Specific date not mentioned - Immaterial in view of the fact that premises not used for 4 to 5 years...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Juristic person - Residential building - A tenant can be evicted from a residential building if the premises are required to be used for non commercial purposes, unconnected with any business or trade...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Society - Residential building - Premises required for starting library - Starting a library without profit brings it within ambit of non commercial use unconnected with any business or trade - Order of eviction of tenant passed...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Sub-letting - Death of tenant during pendency of proceedings - LR's do not become direct tenants - Legal heirs inherit rights and obligations incurred by tenant - Liability that has been suffered by the tenant cannot be rectified with his death -..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Sub-letting - Ceased to exist before filing of eviction petition - Tenant is liable to eviction - For eviction on ground of sub letting it is not necessary that sub-letting must be in subsistence at the time landlord applies for tenant's eviction...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(a), East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Proof of monetary consideration by the sub tenant to the tenant is not a sine qua non to establish subletting...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(a), East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Landlord if proves parting of possession then inference of sub letting can reasonably be drawn unless the tenant is able to show some other relationship between him and sub-tenant - The fact being in the personal..........
