East Punjab Urban Rent Restriction Act, 1949, Section 13A, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Specified landlord - Bona-fide requirement - Specified landlord filed composite petition under Section 13 and 13A seeking eviction of tenant on ground of bona-fide requirement - Rent Controller adopted procedure of trial as envisaged under..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Landlord stating on oath that tenant has ceased to occupy tenanted shop and doing no business therein - Landlord discharges its burden of proof - Onus then shifts on tenant to prove that he is still doing business therein by producing accounts book, sales tax registration, income tax..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Original tenant died - All legal heirs well established and some of them settled abroad - None is doing any business in the shop in question - Plea of landlord seems to be sound - Eviction order passed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Proceedings are summary in nature - Dismissal of previous petition or withdraw of previous petition not a ground to debar the landlord from moving eviction petition on the recurring cause of action...........
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..........
East Punjab Urban Rent Restriction Act, 1949, Section 10 -- Restoration of amenities - Landlord removed water tank and disconnected electric connection on account of non-payment of water and electricity charges by tenant - However, tenant paid these charges and interim rent - Landlord directed to restore the amenities...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 22, Rule 4-A -- Death of tenant during pendency of appeal - Tenant issueless widower - Nephew of deceased seeking impleadment as L.R. - Landlord filed application for appointing an officer of court U.O.22.R.4-A CPC to represent the estate of deceased tenant and hand over vacant..........
Punjab Municipal Act, 1911, Section 3(1)(b), East Punjab Urban Rent Restriction Act, 1949, Section 4, Amending Act of 1994, Section 3(1)(b) -- Assessment of tax - Challenged against constitutional validity of S.3(1) (b) introduced by Amending Act of 1994 on ground that amended provision ultra vires the provisions of S.4 of Rent Act of 1949 and thus no assessment can be..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at the stage of second appeal - Plaintiff lost in both the Courts below - Plaintiff filed suit for permanent injunction to restrain defendant from interfering in his possession, and for mandatory injunction directing defendant to open access to suit land from adjoining thoroughfare on the west - In second..........
