East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Shop - Personal necessity - Not pleaded in earlier eviction petition - Means that there was no personal necessity at that time - Personal necessity if not existed earlier it could arise subsequently...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Shop - Personal necessity - Eviction can be ordered on ground of personal necessity if landlord makes out a foundation of laying such a claim that is (a) is required to be in his own occupation; (b) he is not occupying another residential building; (c) that he has not vacated such a building without..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Change of business - Landlord carrying business of Automobile refrigeration in shop cum flat - Business closed due to punitive action as landlord used premises for purpose not authorized - Landlord started some other business in said premises - However, he sought eviction of tenant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Relationship of landlord and tenant - Burden of proof - In an eviction petition the initial onus is on the shoulder of landlord that there exists a relationship of landlord and tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Relationship of landlord and tenant - Proof - Can be either by rent deed or rent receipts - Rent receipts issued by father - It was nowhere mentioned that rent receipts were issued on behalf of his sons - Eviction petition at the instance of sons is not maintainable as there is no relationship of landlord and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction petition - Ground of arrears of rent - Tenant denying relationship of landlord and tenant, alleging that his wife was tenant on the basis of affidavit given by landlord to the Electricity Department that wife was tenant and meter be issued in her name - Held, there is nothing unusual for a person to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction petition - Ground of arrears of rent - Tenant denying relationship of landlord and tenant - When a tenant denies relationship of landlord and tenant, there is hardly any justification for Rent Controller to frame an assessment order in pursuance to proviso to S.13(2)(i) of the Act...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Suit for eviction filed by lessor claiming arrears of rent of shop - Lessor claiming rent at the rate of Rs.40, 000/- per annum - Lessee alleging rent as Rs.20, 000/- per annum - Lessor paid arrears of rent at the admitted rate of rent but thereafter did not deposit admitted rent month by month for four..........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 4, 5, 7 -- Public premises - Property sold by Municipal Committee and further sold by vendee - MC sought to invoke provisions of Ss.4, 5 and 7 of the Act by seeking eviction of vendee - Held, MC ceased to be owner of premises and hence cannot invoke provisions of the act so as to dispossess..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Eviction on ground of change of user - Shop let out for commercial purposes - Son of tenant used back portion of shop for residential purposes - Held, that use of small portion of shop for residential purposes would not amount to change of user - The dominant purpose was commercial - No prejudice caused to..........
