East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NIR landlord - Bona fide requirement - Leave to contest - At the stage of granting leave, real test should be whether facts disclosed in the application/affidavit seeking leave to defend prima facie show that landlord would be disentitled from obtaining an order of eviction and not whether at the end the defence..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NIR landlord - Bonafide requirement - Leave to contest - Landlord owned and possessed another house in the same urban area - Nothing said by landlord as to what was the ground of preference for getting the demised promises vacated - From the affidavit of the tenant it prima facie stands proved that landlord shall..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(i)(a) -- Eviction petition - Amendment - Eviction petition filed on the ground of arrears of rent - Amendment sought to seek eviction on the ground of personal necessity - Nothing stated in the amendment application on the basis of which it may be concluded that the..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(i)(a) -- Eviction petition - Amendment - Eviction petition filed on the ground of arrears of rent - Amendment sought to seek eviction on the ground of personal necessity - Nothing stated in the amendment application on the basis of which it may be concluded that the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlady aged 65 years required demised shop for her own business - Rent Controller ordered eviction - Eviction order reversed in appeal - Held, that mere old age or that landlord has no past experience to run the business activities is no ground to question or suspect the need of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9 -- Eviction petition - Dismissal in default - Restoration - Dismissal of application on ground of negligence and carelessness cannot be decided without affording an opportunity to lead evidence - Restoration application be decided after affording an opportunity to parties..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - After retirement landlord wanted to start his own business - Plea of tenant that landlord possesses two shops - One shop possessed by son of landlord who is carrying on his business in that shop and the second shop is occupied by the tenant - Eviction granted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Unfit and unsafe for human habitation - Shop - 60 years old and made of old bricks having a wavy roof and vibrated condition - Chaubara on the roof already fallen - Common wall tilted vertically and structure could not bear the weight of the roof - Top was wavy and vibrated when walked over - There are..........
Civil Procedure Code, 1908, Section 47 -- Execution of eviction petition - Objections - Petitioner claiming herself to be owner on the basis of unregistered will - Will not seen the light of day for more than 20 years - Eviction order was passed in the year 1981 but objections filed in 1996 i.e. after 15 years - Such unregistered will can be prepared at any time in order..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction petition - Exparte conditional eviction order - Application U.O.9.R.13 CPC - Exparte eviction order set aside subject to the condition that tenant tenders the entire arrears of rent and in case Rent Controller ultimately finds that the rate of rent is less..........
