East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - No electricity consumption, in summer months - No evidence to rebut that either meter was dead or that he had gone to a pilgrimage or to some other place, on account of some unforeseen circumstances and thus could not sit in the shop and use the electricity - Tenant ceased to occupy shop..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - No business transacted in shop - Purchase or sale bills not produced to prove that some business was transacted in the shop - No customer produced to prove that he purchased some material from the shop in question from the tenant during the relevant period - Tenant ceased to occupy shop..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Subsequent event - Eviction petition - One room has become available to the landlord and that necessity of landlord can be fulfilled by that room - Subsequent event cannot be denied to be brought on record - Held, whether or not the room has become available to the landlord and if available..........
Rent and Eviction -- Ceased to occupy - Legal possession does not by itself constitute occupation - Possession must combine with something more to make it occupation - Merely because there was a telephone in the room and room remained open is not sufficient to hold that tenant was doing business therein...........
Rent and Eviction -- Bona fide requirement - Must not only exist on the date of filing of eviction petition but must also subsist till the final decree of eviction is passed - If, in the meantime, events crop up which would show that the landlord's requirement no longer subsists then the action must fail...........
Rent and Eviction -- Bona fide requirement - During pendency of appeal a trust created in respect of the property in question - Thereafter premises belonged to Trust - Trust Act debars a trustee from using the trust property for his own profit - On creation of a Trust the property passes to the trustees - Petition dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(1)(b), 2(c) -- Relationship of landlord and tenant - In order to be a landlord a person is not required to be owner of property - A person who has no claim to the title of the property can also come within the definition of term 'landlord' - It is not necessary for the landlord to show his title to the property -..........
Rent and Eviction -- Relationship of landlord and tenant - Creation of tenancy by one of the co-owners is to be treated as a validly created tenancy...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(2) -- Jurisdiction - To be decided on the basis of location of the property in dispute and not on the basis as to by whom it is owned...........
Rent and Eviction -- Sub letting - `Has sub let' - Meaning - Does not mean that sub letting should be in existence on the date of suit - It is enough that sub letting has taken place sometime after the Act came into operation and it does not matter that sub letting came to an end before the landlord gave notice or before the landlord filed a suit...........
