East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Ground of personal necessity - Landlord not entering witness box and attorney deposing on behalf of principal - Held, attorney is competent to depose in respect of all matters except, the matters which are required to be done personally by the principal - Normal rule is that whatever a person..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(1)(b), Limitation Act, 1963, Section 5 -- Eviction petition - Delay of 22 days in filing appeal - Condonation - Applicant suffering from typhoid - Delay condoned...........
East Punjab Urban Rent Restriction Act, 1949, Section 15(1)(b), Limitation Act, 1963, Section 5 -- Eviction petition - Delay of 22 days in filing appeal - Condonation - Rejected by Appellate Court on appreciation of oral and documentary evidence - It can be upset by High Court while exercising its revisional jurisdiction if finding is the result of erroneous consideration..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(b) -- Eviction - Ground of personal necessity - Premises required for son to start business - Requirement of premises for son is the requirement of landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) & S.13(3)(b) -- Eviction - Requirement of premises for son to start business - Son not appearing as a witness - Not material to determine bona fide requirement of landlord - Landlord deposed as to his requirement and his evidence believed - No interference in order of eviction...........
Rent and Eviction -- Co-owner - Consent - One of the co-owners can initiate eviction proceedings without consent of other co-owners - However, in the event, a co-owner objects thereto, the same may be a relevant fact...........
Rent and Eviction -- Shop - Bona fide requirement to start its own business - Experience in business - Not a pre-condition to seek eviction of a tenant...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Non residential building - Bona fide requirement - Landlord can seek eviction of a tenant from a non residential building on the ground that he requires it for his own use...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Non Resident Indian - Need of landlord is presumed to be genuine as pleaded in the eviction petition - This presumption is rebuttable with strong and cogent evidence - A mere assertion is not sufficient to rebut the strong presumption in favour of landlord...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14 -- Subsequent pleading - Admissibility of - Eviction petition on the ground of arrears of rent - Map and certain documents attached along with replication - No permission of court applied for - Order accepting replication along with documents - Not proper - Ordered to be set aside...........
