Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bonafide requirement - Plea that landlord is Secretary of Co-operative Transport Society and he wants to set up an office of that Society in the demised premises and need it for his own use as he is M.Sc. (Agriculture) and wants to utilize his experience by setting up a business of selling of..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(ii)(b), (c) -- Eviction sought on ground of bonafide requirement of son of landlord - Landlord did not comply with the provisions of Section 13(3)(a)(ii)(b)(c) of the Act as he omitted to disclose the fact that he has not vacated a building or rented land without sufficient cause after the..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(iii)(b), 13(3A) -- Landlord sought eviction of tenant for setting typewriting college - Landlord quoted wrong provision of law by seeking eviction u/s 13 (3-A) of the Act - Tenant raising plea that the rented premises were not the building but an open plot and thus application was maintainable u/s..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Eviction petition - Bonafide requirement - Handicapped husband of landlady working in a factory and son working as a TV mechanic - Does not mean that both of them are not entitled to start their own business of blacksmith in the demise property - Every landlord has a right to increase his income and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - A heavy burden is on the tenant to prove that requirement of the landlord is not genuine - To prove this fact, tenant has to give all the necessary facts and particulars supported by documentary evidence in the affidavit itself alongwith an application seeking leave to defend..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Bonafide requirement - Amendment sought to incorporate details - Plaintiff want to plead that he has got the plans of new construction prepared from an architect - Plaintiff also want to plead that he had made offer of new premises in reconstructed building to tenant - By proposed amendment, plaintiff..........
Limitation Act, 1963, Section 14 -- Exclusion of time in respect of proceedings pursued bonafide in Courts without jurisdiction - Held, provision applies to proceedings in civil courts without jurisdiction and not in respect of criminal proceedings...........
Rent and Eviction -- Shop - Bonafide requirement - Partial eviction - Question as to whether partial eviction could serve the purpose of both the parties - Not considered by High Court - Held, in order to meet the ends of justice the landlord shall recover possession of half of the area of the premises...........
Rent and Eviction -- Shop - Bonafide requirement - Rent increased from time to time - Not a case of tenant that rent was enhanced arbitrarily or unreasonably or it could not be enhanced in law - No attempt made to enhance the rent during the period of 7 years prior to the date of institution of the suit - An inference that need of the landlord is not bonafide and it might..........
Rent and Eviction -- Shop - Bonafide requirement - After evicting a tenant from the suit premises landlord did not start his business in the premises - Incident occurred several decades ago cannot be relevant to determine the actual controversy for the reason that need of the landlord is to be examined as per the circumstances prevailing on the date of the institution of..........
