Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 4(2)(b) -- Determination of fair basic rent - Agreed rate of rent if still in vogue at time of application, has to be regarded as basic rent within the meaning of S.4(2)(b) of the Act in the process of fixing fair rent irrespective of the fact whether the lease period stipulated in a lease deed has expired...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Amendment - Eviction sought from two rooms - Landlord during pendency of eviction petition forcibly dispossessed from two other rooms - By amendment of petition eviction cannot be sought from four rooms - Prima facie tenant is deemed to be..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 2(c) -- Public premises - Eviction proceedings - Maintainability - As per Cl.15 of lease deed, upon determination of lease, lessee shall peacefully give up land and buildings thereon to the lessor - Therefore, buildings constructed cannot be considered as `public premises' - Eviction proceedings,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 11 -- Eviction petition - Res judicata - Second eviction petition on ground of personal necessity - Second eviction petition is maintianble in case there is change of circumstances after the decision in the earlier eviction petition...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 11 -- Eviction petition - Res judicata - Shop required for son - Petition dismissed on ground that son was employed in Municipal Committee - Son leaving service and doing business - Second petition not barred by res judicata in view of changed circumstances after the decision in..........
Rent and Eviction -- Sub letting to Private Ltd. Company - Tenant holding 1400 out of 2000 shares of company - Merely holding a large number of shares is not sufficient but something more is required to prove that in fact it is tenant who is actually controlling and managing the business of the company - No factual foundation in respect of actual control over the business..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Concurrent finding of fact - Not open to challenge in Regular Second Appeal - Appeal dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Written statement - Amendment sought at appellate stage - Eviction petition - Eviction on ground of personal necessity - Landlord constructed nine additional shops - Rejection of amendment application - Order upheld - However, appellant can apply for adducing additional evidence...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Change of user - Change of hosiery business to manufacturing and selling trunks, boxes and tumblers etc. - Change of business is different from change of commercial activity to manufacuring activity - Manufacturing of trunks etc. is with use of hammers and other cutting machines which cause great noise and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Bona fide necessity - Amendment of written statement sought that personal necessity has ceased to exist as respondent has shifted with his family to another place and that possession of another shop is delivered so vacated by another tenant - Amount sought a subsequent event..........
