East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing the value and utility - Pardi wall was merely constructed to stop the rainy and sewerage water from entering into the shop - Wall temporary structure - Temporary alterations made by tenant of such nature which were necessary for running of the business of the tenant - This is not such an..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 20, Rule 12 -- Eviction order - Appeal against - Tenant paying rent of Rs.500/- p.m. - Premises used for commercial purposes - Tenant directed to pay Rs.5, 000/- p.m. as provisional rent/mesne profits during pendency of appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Subsequent events - Amendment - Eviction petition on ground of bonafide requirement of son to start a restaurant - Appeal against order of eviction - Tenant seeking amendment of written statement on ground that son of landlord is now settled in marble business - Amendment allowed - Bonafide requirement..........
Rent and Eviction -- Bonafide requirement - Must continue till decision of final Court. (Rajasthan Premises (Control of Rent & Eviction) Act, 1950, S.13)...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a) -- Rent & Eviction - Bonafide necessity - Lack of pleading as to landlord not occupying any other building in that urban area - Held, any ambiguity in pleadings regarding the ingredients of S.13(3)(a) of the Act, if made good in evidence, the same is sufficient compliance of the statutory provision...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a) -- Shop - Personal necessity - Sale of adjoining shop occupied by landlord for his clinic - Shop sold 6 years earlier - Landlord sold and vacated the shop shifting his clinic to his house on the bonafide belief that he could carry on his clinic at his house - Now landlord compelled to seek ejectment..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a) -- Shop - Personal necessity - All the partners of tenant firm not impleaded party - Cannot be raised for the first time in revision...........
Rent and Eviction -- Personal necessity - Subsequent event - Retirement from service - Taking subsequent event into consideration without making any formal amendments in the pleadings or formal petition U.O.41.R.27 CPC - Tenant admitting retirement of landlord from service - Held, Court is justified in taking into consideration subsequent event without there being formal..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Rent & Eviction - Personal necessity - The accommodation of the son, his wife and their children is part of the landlord's personal necessity...........
Rent and Eviction -- Agreement between parties whereby tenant agreed to enhance rent from Rs.325/- p.m. to Rs.1250/- p.m. if landlord reconstructs premises with toilet facility - Landlord reconstructing the premises but without toilet facility - Possession given to tenant - Tenant is not liable to pay enhanced rent till toilet was constructed...........
