East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bonafide requirement - Property principally required for starting business and association of son in the business was merely stated as an additional fact - Property not sought for providing employment to son - Need of the landlord could not, therefore, be said to have come to end on the employment of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Premises required for transport business - Plea of tenant that landlord is earning more than two lacs per month and there is no need for landlord to start a business - Need is not to be assessed as to what landlord is earning - Assessment is as to whether there was a bona fide need..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Landlord carrying on business in rented shop - Landlord entitled to evict tenant from shop which was owned by him - Tenant occupying shop for 30 years at a monthly rent of Rs.300/- cannot dictate terms to landlord to carry on business from other premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlady 85 years of age had strained relations with her daughter-in-law - Premises required for personal bonafide necessity - Because of old age, one is not disqualified from self respect and dignity - Old age cannot be construed to be age of dependency - It is not necessary that..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Bonafide requirement by NRI landlord - Landlord gave his address of Canada and relied upon photocopy of permanent residency card - No contrary evidence by tenant - Mere denial will not obliterate permanent residency card...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Bonafide requirement by NRI landlord - It is not expected that till case is decided landlord should stay in India...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Co-owners - One co-owner having another property in his name - It cannot be said that co-owner seeking eviction has no personal necessity moreso when other co-owner has no objection if he take possession of the demised premises and starts business for settling his son...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3) -- Bonafide requirement - Pleading of necessary ingredients of the provision of S.13(3) of the Act - Held, it is the essence of the pleadings which is to be taken into consideration and not the technicalities, which will oust the landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction petition on ground of bonafide requirement - Tenanted premises belong to charitable trust - Charitable trust wanted the demised premises to set up a charitable hospital - Application for eviction filed by the President of the Trust - Held, need of trust was bonafide - Eviction allowed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Personal necessity - Landlady has three sons and having three shops - Two sons running two shops - Landlady required third shop for settlement of her third son - Need held bonafide - Eviction ordered - Nine months time given on filing certain undertakings...........
