Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Sub tenancy - Waiver and estoppel - Non filing of eviction petition for a long time inspite of knowledge of sub tenancy - Such a plea of waiver and estoppel is not available to a tenant when sub tenancy is proved - Landlord can seek eviction of a tenant if he has sub-let the premises without written..........
Limitation Act, 1963, Section 5 -- - Ejectment petition - Respondent despite service did not appear - Ex-parte order of eviction passed - Appeal filed beyond limitation - No application for condonation of delay or any affidavit explaining long and inordinate delay filed - Dismissed by Commissioner on account of delay and latches - Delay in filing appeal must be explained -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Co-owners - One of the co-owners is competent to seek eviction of tenant in terms of the provisions of S.13-B of the Act...........
Co-sharer -- Ejectment of Tenant - Property owned by co-owners - One of the Co-owner can file suit for eviction of a tenant without obtaining express authority or consent of the other co-owners. The consent of other co-owners is assumed as taken, unless it is shown that the other co-owners were not agreeable to eject the tenant and suit was filed inspite of their..........
Contract Act, 1872, Section 182, 186, 188 -- Doctrine of Agency - A Co-owner filing suit for eviction against tenant - Files suit on his own behalf, in his own right and also as an agent of the other co-owners...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4 -- Ejectment - Expiry of lease - Land taken on lease in open auction for period of one year - Expiry of the period of one year - Possession not as a tenant or a lessee but illegal possession - Ejectment order upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Unfit and unsafe for human habitation - Building more than 80 years of age - Premises not having any light or air - Outer wall out of plumb - Roof pattern different in the roof which is suggesting that roofs have been relaid at subsequent stages - Concurrent finding that condition of building is unfit and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Shop - Ground of personal necessity - Shop required for establishing business of son - Another shop available during pendency of eviction petition in which another son of landlord adjusted - That does not mean that requirement of shop for establishing business of another son does not survive - If landlord has two..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI co-owner - Competent to seek eviction of tenant u/s 13-B of the Act even when other co-owners may not be entitled to the benefit of the provision of S.13-B of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI co-owner of property - Competent to seek eviction u/s 13-B of the Act...........
