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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Landlady required premises for setting up departmental store - She was working in USA and retired from her job - Plea of tenant that landlady has sufficient accommodation available for starting her departmental store in the form of two vacant shops and first and second floor of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte order of eviction - Setting aside - Limitation - No limitation is prescribed for filing an application for setting aside ex parte eviction order as provisions of Limitation Act are not applicable to proceedings under the East..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Landlord required the premises for his son for opening a gym - Omission to plead that son of landlord did not own or possess or had vacated any other property in urban area would not be fatal to tenant, as son did not possess any other property in urban area - Tenant rightly evicted...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Landlord required the premises for his son for opening a gym - Non-disclosure of other properties - Landlord is exclusive owner of demised premises, while other properties are jointly owned by his other family members - Non-disclosure of said properties held not fatal to the case of landlord - Tenant..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Consumer Protection Act, 1986, Section 12, Haryana Urban Development Authority Act, 1977, Section 15 -- HUDA - Re-allotment of plot on revised rate - Plot allotted to appellant was cancelled by HUDA on account of default in payment of enhanced money - 10% earnest money also refunded to appellant and he accepted the same - However, District Forum restored the allotment -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide requirement - Landlord required the demised shop for business purposes - However, landlord is owner of three adjacent shops out of which one is lying vacant - Nothing on record to show that demised shop is the only premises which would be suitable for running business - Moreover, evidence on..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - Non disclosure of full facts in earlier petition - Cannot lead to inevitable conclusion that in subsequent petition landlord would make out a false case...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - Personal necessity - Presumption - If a landlord seeks eviction for commercial purposes, his need should always be presumed as correct, genuine and bonafide...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Joint petition against two tenants - Held,single eviction petition against two tenants of same building occupying adjacent premises is maintainable against both tenants...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(b) -- Eviction - Leave to defend - In cases where a leave is refused to the tenant to defend the proceedings brought by the landlord, eviction of tenant has to be ordered an as automatic consequence...........

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