East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dismissal of application - Eviction petition - If condition of demised premises is not as landlord claims it to be, tenant could easily lead photographic evidence to prove the same and if at that stage Rent Controller comes to..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Rent and eviction - Premises rendered unfit and unsafe for human habitation - Landlord is not required to wait for building to collapse to prove that premises are unfit and unsafe for human habitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage, as evidence of parties stand..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Subletting - It is proved on record that when petitioners purchased demised premises in 2015, business was being run in premises by both respondents and same was never objected to by its previous owner - No rent note or rent deed entered into between previous landlord and tenant - Courts below..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Material impairment of the value and utility of plot - Plot given on rent for selling fodder by weighing with manual `kanda' - Tenant got installed weigh bridge without written consent of landlord - Plea of tenant that value of building has been enhanced due to commercial use of property - Plea..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Material impairment of the value and utility of building - Is to be perceived from point of view of landlord and not of the tenant...........
Rent and Eviction -- Bona fide requirement - Premises required for business of son of landlord - Son not employed on the date of filing of eviction petition and bona fide requirement proved - Son of landlord involved in business in the meanwhile - Bona fide need cannot be doubted - It would be inappropriate to expect the son of landlord to sit idle without doing any work..........
Rent and Eviction -- Bona fide requirement - Subsequent event - Shop vacated by another tenant - Said shop vacated for the bona fide requirement of another son of landlord - Subsequent event cannot be taken cognizance...........
Transfer of Property Act, 1882, Section 111(h) -- Termination of lease - Default in payment of rent - Tenancy was terminable as per provisions of S.111(h) of the Act which stipulates that lease of immovable property determines on expiration of a notice to determine lease duly given by one party to other - In the instant case, notice given to tenant clearly states that..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint/dismissal of suit - Issue of relationship of landlord and tenant decided by Rent Controller - Same issue re-agitated in civil suit - Issue already settled cannot be allowed to be re-agitated all over again - Suit dismissed in exercise of inherent power u/s 151 CPC...........
