Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Determination - Ordinarily guess work is to be kept at bay while assessing the market value of the acquired land - Potentiality of the acquired land or any advantageous features or any circumstances available in each case to be taken into consideration - However, bonafide and genuine sale..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bonafide requirement - Co-operative Society - Shop - Amalgamation of seven Cooperative Societies - Business of Societies multiplied - However, it is not proved what were its business activities before and after amalgamation - Increase in business activities not proved - Petition dismissed...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bonafide requirement - Co-operative Society - Bonafide requirement - Some open space near the shop available with the landlord - Tenant has no right to dictate the landlord that instead of seeking eviction he should raise fresh construction to meet his requirement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, 13B,, 18A -- Specified landlord - Bonafide requirement - Tenant not applying for leave to contest within statutory period - Has no right to file application U.O.7.R.11 CPC for rejection of eviction petition...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Landlord carrying on business in H.P. - Wanted to shift his business to Sunam, his native town - During pendency of eviction petition father of landlord died and another shop fell vacant which was owned by landlord and other legal heirs - Landlord cannot be asked to shift his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Landlord carrying on business in H.P. - Wanted to shift his business to Sunam, his native town - Need bonafide - Eviction granted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Required for business to be started by grandson - Objection that eviction can be sought only when premises is required for own occupation of landlord - Not tenable - If landlord alognwith his son and grandson is living together, the requirement of his family, including the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Section 11 -- Bonafide requirement - Res judicata - Subsequent petition on the ground of bonafide requirement is not barred by the principle of res judicata when need is based upon changed circumstances which were non existent and were not pleaded previous...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Section 11 -- Bonafide requirement - Res judicata - Earlier eviction petition was filed for own use and occupation - Subsequent eviction petition filed for requirement of grandson - Not barred by principle of res judicata...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Landlord is entitled to seek eviction of tenant even from a commercial premises if the same is required by him for his personal use and occupation...........
