East Punjab Utilisation of Lands Act, 1949, Section 13 -- Non payment of rent - Rent Controller fixed provisional rent and fixed date for payment of same - Tenant impugned order of Rent Controller by way of revision petition and same was dismissed - Rent not tendered inspite of availing extension of time - Held, tenant is liable to be evicted on ground of non-payment of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Petitioner filed civil suit and obtained injunction against his dispossession - During pendency of civil suit objections filed by him to execution petition filed by Landlord without withdrawing civil suit - Held, it is a pure and simple case of forum hunting on part of petitioner who has consumed..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlady required the premises to establish her widowed daughter and her grown up son in business to be set up in the demised shop - Landlady had no other similar building in the locality nor had she left any building without sufficient reason - Landlady has the only support of her..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Amendment - Sought to correct the name and description of petitioner and plead certain facts which had transpired during the pendency of the petition - Fact sought to be pleaded and alleged to have transpired during pendency of petition were already in the knowledge of the petitioner at the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 16, Rule 1 -- Eviction petition - Examination of witness - Examination of witness declined by Court - Order remains unchallenged - Held, a witness whose examination was declined by an order of Court, which remained unchallenged, cannot be examined by a party even of his own - Such a..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Arrears of rent - Landlord not appearing as his own witness - Attorney, who appeared on behalf of landlady, is husband of landlady - Held, in such an eventuality, a person who is so closely and intricately related to landlady, cannot be expected to be not having personal knowledge of need of landlady or not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Landlord and tenant relationship - Purchaser of property - Steps into the shoes of landlord - Tenant cannot question the status of landlord when he seek his ejectment on the ground of his being the landlord of the premises in question...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Eviction order - Plea of tenant that he had already paid entire arrears of rent - Held, even if Rent controller had found that tenant had not paid arrears of rent, he should have given second opportunity to tenant to make payment of arrears of rent as per final adjudication - No such..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction from demised premises forming part of residential building - Held, S.13(3-A) of the Act cannot be invoked as it applies to non residential buildings - Until and unless Court gives a categorical finding on the basis of appreciation of evidence, that demised premises is a non residential building,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction suit - Amendment of written statement sought when petition was mature for final hearing - Plea of tenant that he was under impression that one of shops was in possession of somebody else, whereas during cross-examination of landlord, it was revealed that same..........
