East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii)(v) -- Ceased to occupy - Eviction of tenant sought from the shop on the ground that tenant ceased to occupy the tenanted premises continuously for a period of four months - There was no electricity consumption - Oral evidence of witnesses, including that of postman who used to pass in front of the shop found..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bona fide requirement - Land owner working in shop of his father, wanted tenanted shop to start cloth business - Held, need of landlord bona fide - Contention of tenant that father age 70 years was inclined to hand over his shop and business to landlord not tenable as father cannot ignore his..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Service - Certified copy - Supply of - Copy of eviction order passed against petitioner supplied by the Estate Officer - Suo motu depositing a certain amount as fee for certified copies - Nothing brought on record that there was any fee prescribed for certified copies - Estate Officer or the subordinate staff in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Ground of personal necessity - Property had fallen to the share of the landlord on account of family settlement by decree of the Court - Family settlement means that the property belonged to the family, which would in itself show that the respondent had a pre-existing right in the property being a..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 7 -- Eviction - Petition for quashing of proceedings - Public premises - Issuance of notice by Bank for recovering premises and damages - Bank also established its need for the premises - Therefore, bank has legitimate power to seek recovery of premises on basis of provisions of Act - Eviction..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Eviction order - Revision against - Power of revisional Court - Jurisdiction of revisional court is limited to an appraisal of impugned orders or proceedings so as to discern any error of jurisdiction, infraction of law or such perversity in the process of reasoning as has led to a miscarriage of justice -..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 24 -- Execution - Decree for possession of immovable property - Third party claiming to be in possession as tenant or co-tenant can resist execution of decree of eviction if he was not a party thereto on ground that decree would, if executed, oust him from decretal property - Application by objector seeking transfer of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Landlord can seek eviction of a tenant on ground of bonafide requirement to set up own business without residing 'permanently' in the urban area concerned - A landlord may reside any where in India or in the world and still run a successful business,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Solitary statement of landlord - Eviction on the basis thereof without any corroboration - Held, it is the quality and not the quantity of evidence that is the basis for a judicial finding...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - One tenant in the front portion and the second in the rear portion - Eviction sought of tenant in the rear portion - Contention that rear portion not suitable for landlord - Held, as tenant himself is managing a successful business in the rear portion..........
