East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Bonafide necessity - Landlord along with his brothers intended to settle in India and use the premises for their own personal use - Property in question was inherited by landlord with his brothers - Landlord can get the shops vacated by moving the petition u/s 13-B of Act as..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - Right of NRI landlord - A Non Resident Indian can seek eviction on ground of personal necessity - However, he can resort to benefit u/s 13-B of the Act only once in his life time...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - NRI landlord requires rented four shops to construct a mall for running his own business as he wanted to shift in India permanently - Neither any resown to doubt the said statement nor there is anything on record to infer to the contrary - Petition allowed - Direction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Landlord required the demised premises for settling his son independently - However, evidence on record shows that son was already running his business - Moreso, landlords were having other property, but the details of the same had not been furnished by them - Landlord has not come to Court with clean..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Eviction - Service of summons not effected in the form as prescribed u/s 13-A of Act - It was merely an irregularity of procedure, as no prejudice is caused to tenant - Moreover, tenant already delayed the eviction proceedings for a period of 7 years by filing applications again and again -..........
Punjab Security of Land Tenures Act, 1953, Section 9, 14, 14A, 18 -- Ejectment - Tenancy - High Court committed error by holding that tenant of agricultural holding becomes a trespasser after expiry period of tenancy - Moreover, procedure for eviction of tenant in occupation of building by approaching civil Court under Rent Control Act will not be applicable for evicting..........
Punjab Security of Land Tenures Act, 1953, Section 2(6), Punjab Tenancy Act, 1887, Section 2(8) -- Tenant - Includes a self cultivating tenant and liable to pay rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Mesne profits - Tenancy created in the year 1981 - Rent fixed @ Rs.500 p.m - Mesne profits fixed by appellate Authority @ Rs.20,000 p.m, is without any tool bar is not justified and is a fanciful assessment without any registered lease deed having placed on record by landlord - Impugned order of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 148 -- Extension of time - Payment of provisional rent - Conditional eviction order was passed and compliance was to be made within two months - However, rent was still not deposited till 5.9.2014 whereas last date to deposit the same was 2.4.2012 - Bonafide of tenant was missing..........
East Punjab Urban Rent Restriction Act, 1949, Section 12 -- Eviction of tenant - Maintainability - Expert report states that there is growth of vegetation on walls and damage is also caused to roof on account of storage or rain water for long time on account of damage to rain water pipe - Location of tap which was bone contention between parties is on other side of the..........
