East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction petition - Amendment of - Personal necessity - Contention of petitioner/tenant that respondent/landlord had not pleaded necessary ingredients of S.13(3)(a)(i) of the Act and he was allowed to do so only by way of amendment and that too after leading evidence by parties, therefore, personal..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(i) -- Eviction - Bona fide need - Landlord sought eviction on ground of bona fide personal necessity of his sons and expansion of business - Two sons of landlord already carrying on business in part of premises in dispute - They are self employed persons earning their livelihood by working themselves - Third son..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide requirement - Non-specifying nature of business - Effect - Held, it is not sine qua non for landlord to specify nature of business for which premises are bona fide required by him - There being time lag between filing of petition and time when actual business would be started - Nature..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Eviction - Personal necessity - Held, landlord need not prove his financial status or explain business to be set up by him while seeking ejectment on ground of personal necessity to run his own business from demised premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Eviction - Personal necessity - Held, it is not for tenant to dictate terms to landlord as to how else he should adjust himself without getting tenanted premises vacated - Personal necessity of landlord is to be judged from his view point...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii), 13(3)(a)(iii), 15 -- Eviction - Personal necessity - Revisional jurisdiction - Exercise of - Held, finding of appellate authority on question of bonafide requirement in a revision petition can be interfered with only if such finding of fact is perverse or arbitrary or pleadings in eviction petition are not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Ejectment - Specified landlord - Bona fide requirement - Landlady sought eviction on ground of personal necessity of her own use and occupation - Landlady is owner of demised premises and even rent note was executed by her alone - She fulfills all other necessary ingredients entitling her to get vacant possession..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of - Eviction petition filed on ground of no, payment of rent and personal necessity - Respondent/tenant filed suit for permanent injunction against petitioner/landlord and in that suit he made statement that he is running collection..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - NRI - As per interpretation by Supreme Court in Baldev Singh Bajwa v. Monish Saini, 2005(2) RLR (S.C.) 488 landlords are NRIs and fulfill all necessary ingredients for granting them benefit u/s.13-B - Contention of petitioner/tenant that landlords are not NRIs as the question as to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bonafide need - Pleadings - Eviction sought on ground of personal necessity - Landlord had not stated that he was not in occupation of SCO Nos.3003-3004, Sector 22-D, Chandigarh after commencement of the Act and had not mentioned sufficient cause for vacating said premises either in petition or..........
