Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Change of user - Held, if landlord had let property for residential use only and moment Court finds that tenant's contention that it is no, residential property is not correct then there is a ground established for eviction that tenant is guilty of change of user - Eviction proper - Petition..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Execution proceedings - Objections - Contention of appellant/tenants that ejectment order cannot be executed against them as they were not parties to ejectment order - Further, objections filed by them were dismissed summarily by Courts below without granting opportunity of leading evidence to..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Bona fide need - Subsequent events - Landlady aged 77-78 years sought eviction on ground of her personal necessity - She was residing with her son for the last 30-45 years in another residential house - She being aged was unable to walk and thus totally dependent upon her son - During..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Rent and eviction - Material alterations - Altering door for a shutter - May not constitute impairment but if a verandah is converted differently with glass cases it surely alters appearance of construction...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Rent and eviction - Material alterations - Construction of wall which impaired flow of air and light - Would always be taken as constituting enhancement of value and utility - However, perception of what constituted impairment of value and utility would be relevant and High Court will not normally..........
Evidence Act, 1872, Section 63, 65, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction suit - Application for secondary evidence dismissed - Relationship of landlord and tenant denied by tenant therefore , question of issuance of rent receipts in favour of tenant does not arise - Approach of Rent Controller is perverse and illegal because question whether..........
Evidence Act, 1872, Section 63, 65, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction suit - Application for secondary evidence dismissed - As per Rent Controller, document sought to produced by secondary evidence can be self created by landlord - However, issuance of rent receipt denied by tenant - Approach of Rent Controller patently untenable because..........
Evidence Act, 1872, Section 63, 65, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction suit - Application for secondary evidence dismissed - Plea of tenant that there is no original receipt - Cannot be accepted because original receipt if issued could be in possession of tenant and not in possession of landlord - Application allowed...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Arbitration and Conciliation Act, 1996, Section 8 - - Eviction - Arbitration clause - Held, arbitration clause does not become defunct or inoperative merely because lease period under lease deed has expired...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide necessity - Landlord has only a room being used as residence in addition to kitchen and bathroom - Besides landlord and his wife, they have two sons and two daughters (third daughter being married) and one of the sons is also married having two issues - There are 9 members in family of..........
