East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - To brother - Brother carrying on business - Nearness of relationship between the tenant or sub tenant or the alleged sub tenant by itself is of no relevance...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - The manner of association with the business of a tenant could also be explained best by producing records which would show that the tenant continued having a control over the business and that the person, who was shown to be in the occupation was merely an employee or a person, who was the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Direct evidence to prove sub letting is seldom available - Sub tenancy itself being invariably a covert act, only the circumstances and the nature of evidence should come in aid of the Court to either accept or reject a plea of sub tenancy...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Law as to - (i) While establishing case of the bona fides of requirement, the tenant cannot dictate terms or question the bona fides of the landlord - The landlord would be the best judge of his requirement; (ii) Rent Controller cannot begin with the presumption that there was lack..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Premise required for business - Need cannot be discounted or the bona fides cannot be doubted by a Court by saying that the business is not lucrative and therefore, it shall not be worthwhile for the landlord to ask for vacation of the premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(c) -- Unsafe and unfit for human habitation - Portion occupied by tenant consisted of one room shop and verandah - Wall of room and a portion of roof fell down - Not possible to construct wall and roof without eviction of tenant - Order of eviction, upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 18 -- Leave to defend - Court has to see only whether the defence is such that the landlord's petition for eviction could be decided against him or that the defence is not a moonshine and it could be supported by appropriate evidence or legal propositions...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Premises required to settle the son of brother whose father had died - Nephew disowned by an affidavit the need as proffered by the uncle - Order of eviction set aside...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment sought at appellate stage - Appeal cannot be decided without deciding the interlocutory application for amendment of written statement...........
Civil Procedure Code, 1908, Order 8, Rule 6-A, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 7 -- Counter-claim - Eviction petition - Written statement filed - Recovery of excess amount paid sought by way of counter claim - Quantum of rent to be decided at the final disposition - If there is any excess payment then Rent Controller shall consider passing..........
