East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Section 11 -- Bonafide requirement - Res judicata - Earlier eviction petition was filed for own use and occupation - Subsequent eviction petition filed for requirement of grandson - Not barred by principle of res judicata...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Landlord is entitled to seek eviction of tenant even from a commercial premises if the same is required by him for his personal use and occupation...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Premises required for his own use and occupation as after retirement landlord wanted to set up some business and for son who was sitting idle without any job - Held, as landlord has not sought eviction on the ground which is additionally available to him under clause (iv) of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI Landlord seeking eviction on ground of bonafide requirement - Landlord had filed other eviction applications against other tenants on same ground in respect of different parts of same building in which leave to defend granted to other tenants - Held, tenant entitled to leave to defend...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop cum Flat - Let out for business and residence - Single tenancy in favour of tenant - Landlord wanted the ground floor for his own business and first floor for residence of his son - Landlord entitled to obtain eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Premise required for business - Need cannot be discounted or the bona fides cannot be doubted by a Court by saying that the business is not lucrative and therefore, it shall not be worthwhile for the landlord to ask for vacation of the premises...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bonafide requirement - Son of landlord residing in a rented house - Need of landlord for residence of son and his family is bonafide...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13B -- Bonafide requirement - Subsequent event that may have a bearing on the bona fides of the requirement of the landlord is always relevant, though may not be conclusive to test the ground of bona fides...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(i)(a) -- Shop - Bonafide requirement - Seeking eviction after four years of retirement - Period of four years after retirement is not much on the basis of which any inference doubting the bonafide of the landlord can be raised...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - Plea that landlord is not the owner for five years prior to the filing of petition u/s 13-B of the Act as it was mother of the landlord who was recorded as owner in the Municipal records and on the strength of an affidavit of mother the ownership rights were transferred in..........
